Terms and Conditions
Last updated on 26 March 2021
Everyday Digital Pty (Ltd) (“Everyday”,
“ED”) is a tech firm that develops fit-for-purpose platforms and
technology that can be compiled and distributed as iterations. ED mandates selected organisations to
distribute and resell their technology in alignment with these terms and conditions.
- DEFINITIONS
- “Content” means data
and/or digital media, including but not limited to, text, designs, graphics, logos, icons and audio
clips;
- “Documentation” means
documentation accompanying the Platform, if any;
- “Everyday Digital Pty (Ltd) (“Everyday”,
“we”, “ED”)” means Everyday Digital (Pty)
Ltd, a private company with registration number: 2018/037549/07
- “Originator” means direct
customers of Everyday - the organisations that have been mandated to operate, resell, and support ED
technology and/or platforms;
- “Appointed Provider/s” means a third party service provider appointed and mandated by the Originator to
provide ancillary services, to operate, to re-sell, and to provide support for ED technology and/or
platforms;
- “the Platform” means
technology, software, systems, frameworks, apps, servers, infrastructure, ecosystem, and
Software-as-a-Service (SaaS) developed and owned by ED;
- “Technology” means proprietary
technology, frameworks, software and platforms, and related services and process, as developed by
ED;
- “SCORM” means Shareable Content
Object Reference Model;
- “Services” means the
services as described in clause 3 below;
- “Account” or “Account Type” means any platform account that is effectively a license of Platform use, and that may be
subjected to platform, feature and other limits as set out by the Originator and/or ED;
- “Customer/s” means any person
or entity to whom the Originator markets and/or sells access to and/or usage of the Platform and/or
renders services;
- “User/s” means you as the
Customer, and/or any user of the Platform and/or its Technology;
- “Website” means the ED
website located at www.everydaydigital.co.za;
- “you” or “your” means you, as the User.
Everyday Digital (Pty) Ltd is using the Falkor Platform
Trainiapp has been created on the Falkor Platform™, developed by Everyday Digital (Pty) Ltd. By making use of this app (an iteration of Falkor), you are required to agree to the applicable terms & conditions, and privacy policy.
- ACCEPTANCE OF TERMS
- These Terms and Conditions govern the Services provided to you by ED
and your use of the Platform and/or its Technology.
- ED reserves the right to update, change or modify these Terms and
Conditions from time to time. Any changes or modifications, additions or deletions will become effective
immediately upon notice to you which may be given by any means, including on the Website, by email or on
the Platform. Your use of the Platform thereafter shall be deemed to constitute your acceptance of the
changes, modifications, additions or deletions to these Terms and Conditions.
- DESCRIPTION OF THE SERVICES
- ED and/or its Originator provides you with a non-exclusive,
non-transferable, limited licence to use the Platform, within the limitations of
your chosen Account Type for a specified number of Users, and maintenance and support services in relation thereto.
- The license to use shall include the right to use the version of the
Platform initially licensed and any updates (minor enhancements and/or improvements, patches, fixes or
the like) thereto but shall exclude the right to use any new feature or substantial additional
functionality, unless as otherwise determined by ED or the Originator.
- Any updates as referred to in clause 3.2 above and any new feature
or substantial additional functionality provided to you, either as part of the initial license of use or
otherwise, shall be subject to these Terms and Conditions.
- ORIGINATORS & APPOINTED PROVIDERS
- Originators have been appointed directly by ED and have been granted
rights to distribute and sell licences of use for the Platform and/or to provide ancillary services to
Users, including but not limited to, support, management, development, and creation of Content and
implementation facilitation (“ancillary services”).
- Originators may appoint Providers who are mandated to operate, resell, and support ED technology and/or platforms in alignment with ED’s terms and policies.
- Notwithstanding the aforementioned, you acknowledge that your use of
the Platform is subject to these Terms and Conditions and any additional terms and conditions that may
have been agreed between you and the Originator and/or Appointed
Provider. Any ancillary services provided by the Appointed Provider shall be in terms of a separate agreement
between you and the Originator and/or Appointed Provider.
- ACCOUNT TERM
The license to use the Platform and to retain an active account shall be on a month-to-month basis, unless
as otherwise agreed between you and the Originator and/or Appointed
Provider and/or terminated in accordance with these Terms and
Conditions.
- TITLE
You
hereby acknowledge and agree that all right, title and interest in and to the Platform (including but
not limited to the source code), the Documentation and any other related materials are, and shall
remain, solely vested in the ED. Nothing contained in these Terms and Conditions will be deemed to
convey on you any title, ownership, copyright or any other intellectual property rights in or related to
the Platform, and ED reserves all rights in and to the Platform which are not expressly granted to you
under a licence of use.
- ACCESS TO THE PLATFORM
- In order to provide access to the Platform, ED and/or the Originator
must be provided with current, complete and accurate information.
- You will be asked to enter a valid email address which will also
serve as your username for purposes of access to the Platform.
- An auto-generated password will be sent to the email address
specified by you which can then be used to log on to the Platform.
- You are encouraged to update your auto-generated password once you
have logged on to the Platform. You are entirely responsible for maintaining the confidentiality of your
password. You are also entirely responsible for any and all activities that occur under your username
and password whether such access and/or use was authorised by you or not.
- You may not access the Platform using any other User’s
username and password, without the permission of that User.
- USE OF THE PLATFORM
- Your use of the Platform shall be limited to the Account Type.
- It shall be your responsibility to ensure that you have the
necessary software / systems to support the use of the Platform in particular, the latest browser
version and/or Operating System.
- As a condition of your use of the Platform, you may not:
- copy, sell, resell, license, transfer, assign, sub-license, rent,
lease or otherwise make available, the Platform, in whole or in part, to any third party;
- translate, disassemble, decompile, reverse engineer, or otherwise
modify, tamper with, repair or attempt to discern the source code of any software contained in the
Platform;
- create derivative works of, or based on, any parts of the
Platform;
- remove or modify any copyright notices or other proprietary markings
contained in the Platform;
- imitate the “look and feel”
of the Platform;
- use the Platform for any purpose that is unlawful or prohibited by
these Terms and Conditions;
- use the Platform in a way that is intended to avoid or work around
any use limitations and restrictions of the Platform;
- bypass, breach or circumvent security access protocols or
authentications including the User login;
- use the Platform in any manner that could damage, disable,
overburden or impair any ED server and/or network/s connected to any ED server or interfere with any
other party’s use or enjoyment of the Platform;
- interfere with the proper functioning of the Platform;
- access or use the Platform for the purposes of conducting a
performance test, building a competitive product or service or copying its features or user interface;
- reproduce, modify or translate all or any portion of the Platform or
accompanying Documentation.
- ED must be promptly notified of:
- any unauthorised use of the Platform;
- any actual, threatened or suspected infringement of ED’s
intellectual property;
- subject to clause 15.3 any claim by any third party that the
Platform infringes on the intellectual property rights of any third party.
- CONTENT RIGHTS AND RESTRICTIONS
- The Platform allows you to develop, create, author and publish
Content on the Platform and/or to the app/s linked to a platform account,
subject to your user access permissions and privileges.
- ED does not claim ownership of the Content. The Content developed,
created, authored or published by you remains your Content and you are responsible for all Content
published on the Platform, including but not limited to, its legality, reliability, appropriateness,
originality and copyright. If you have engaged the services of an Originator or an Appointed Provider for this purpose, ownership of the Content
shall be determined by the agreement between you and the Originator and/or Appointed Provider.
- You shall, at all times, ensure that the Content published on the
Platform (whether published by you or the Originator and/or Appointed
Provider):
- complies with all applicable laws and/or regulations;
- does not infringe on any third party proprietary or other
intellectual property rights;
- does not violate any privacy, confidentiality or data protection
rights;
- is not abusive, harmful, illegal, offensive or otherwise
objectionable;
- does not constitute or encourage a criminal offence, or in any way
violate the rights of any party;
- does not portray any form of nudity, bestiality or
pornography;
- does not contain any false or misleading information or material.
- ED hereby reserves the right to, in its sole and absolute
discretion, refuse to publish any Content to the Platform and/or to remove any Content from the Platform
where the Content fails to comply with the provisions of this clause 9.
- MAINTENANCE AND SUPPORT
- Maintenance and support services shall consist of:
- updates to the Platform; and
- telephone and email support for queries in relation to the operation
of the Platform (applicable to Originators and/or Appointed
Providers only);
- other maintenance and support channels forming part of the Platform.
- ED does not provide any maintenance and/or support services in
relation to the Content and merely provides guidance for the use of the Platform by means of the
Documentation.
- Updates to the Platform are automatically installed by ED. However,
if, for any reason whatsoever, you are required by ED to install any update to the Platform, you hereby
undertake to do so. ED shall not, in an instance in which you are required to install an update to the
Platform, be responsible for any technical difficulties or non-performance of the Platform as a result
of any update to the Platform not having been installed.
- In order for ED to provide effective maintenance and support
services, you shall ensure that ED and its personnel are provided with such information under your
control as is reasonably necessary to enable ED to comply with its maintenance and support obligations.
- To the extent that you have engaged an Originator and/or
Appointed Provider, the Originator
and/or Appointed Provider may perform maintenance and support services in
relation to the Platform and the Content on the terms and conditions agreed between you and the
Originator and/or Appointed Provider.
- USE OF ALTERNATIVE PLATFORMS (SCORM EXPORTS)
- This clause shall, in addition to the remaining provisions of these
Terms and Conditions, apply in an instance in which the Content is developed, created, authored and/or
published using the Platform but exported and imported to a platform other than the Platform for
distribution and/or publishing purposes.
- In the event that you intend to use another platform for purposes of
distributing and/or publishing the Content, ED shall package the Content for purposes thereof
(“SCORM package”). In this regard, you acknowledge that:
- ownership of and all intellectual property rights in the source code
of the SCORM package is and shall remain solely vested in ED. Nothing contained in these Terms and
Conditions will be deemed to convey on you any title, ownership, copyright or other intellectual
property rights in or related to the source code of the SCORM package or otherwise beyond your right of
use of the SCORM package;
- the provisions of clause 8 of these Terms and Conditions shall apply
mutatis mutandis to the SCORM package;
- SCORM packages are limited in their analytic ability due to the
nature of SCORM. The Content is therefore only able to offer a basic version of analytics in comparison
to the in-depth insights provided by the Platform;
- reflective and survey page results cannot be tracked on SCORM and
assignment uploads are not permitted by SCORM;
- the Platform
allows only for the export of SCORM packages but does not support external Learning Management Systems.
Accordingly, no maintenance and support is provided by ED for external Learning Management Systems;
- SCORM packages are not accompanied by any warranties;
- ED does not provide
any guarantee, representation or warranty in relation to the functionality, operation, performance,
availability, merchantability, fitness for a particular purpose, accuracy, omissions, completeness,
currentness and delays, of the SCORM package;
- ED shall not be liable or responsible
for any errors in the Content that may occur as a result of the SCORM export or for any Content which is
otherwise published and/or distributed by means other than the Platform;
- SCORM packages are only supported by evergreen browsers and it shall
be your responsibility to ensure that you have the necessary software / systems to support the SCORM
package.
- PAYMENT
- Subject to any agreement to the contrary between you and the
Originator and/or Appointed Provider, you, as the User,
shall be required to make payment to ED of the following fees as set out hereunder:
- Account Fee/License to Use
- an Account fee
shall be levied by ED and/or the Originator and/or the Appointed
Provider for your use of the Platform;
- the Account fee shall be subject to your Account Type which is based on storage space, bandwidth, and number of users, as well as any other
terms agreed to by way of paragraph 4.3;
- the account fee shall be levied by ED either monthly or annually as agreed between you and
ED and/or the Originator and/or the Appointed Provider; and
- the account fee shall be payable within 30 (thirty) days from date of invoice.
- Set-up Fee
- a set-up fee shall be levied by ED and/or the Originator and/or
the Appointed Provider for the set-up of the Platform, including user access, user access permissions,
other branding and visual standard requirements, and any additional ancillary services agreed upon at
the time of your account being created on the Platform;
- the set-up fee shall be payable on invoice.
- Additional Fees
- additional fees shall be chargeable by ED and/or the Originator and/or the Appointed Provider:
- in the event of a change in your Account
Type;
- in the event of any additional set-up requirements;
- if ED is required,
for any reason, due to the fault of the User, to recompile the Account and/or
App for your use;
- for any services rendered by ED
in relation to the Platform which are not included as part of the Account fee or Setup fee.
- All payments shall be made to ED and/or the
Originator and/or the Appointed Provider without deduction, set-off or
withholding.
- ED reserves the right to charge interest at
the prime rate on all amounts which are not paid on the due date, from the due date until the date of
payment.
- SUBSCRIPTION TERMINATION / SUSPENSION
- ED may immediately terminate your license to
use the Platform in the following instances:
- on 30 (thirty) days written notice for any reason whatsoever;
- in the event of a breach of these Terms and Conditions and a failure
to remedy such breach within 7 (seven) days of written notice calling on you to do so;
- in the event of the termination or expiration of your agreement with
ED and/or an Originator and/or an Appointed Provider for any reason whatsoever.
- Unless as otherwise agreed between you and the Originator and/or Appointed Provider, you may terminate your
subscription at any time after the first 120 (one-hundred and twenty) days, upon 40 (forty) days written
notice to ED or the Originator and/or Appointed Provider.
- In the event of a termination of your subscription, you acknowledge
that, save for where ED or the Originator and/or Appointed Provider, as the case may be, is provided with a written instruction to delete your account,
including the account on the Platform, App/s and
all Content thereon, ED shall retain your account information and your Content for a period of 5 (five)
years from the date of termination for record purposes. Notwithstanding the aforegoing, ED does not
guarantee that your Content will remain available for 5 (five) years after the date of
termination.
- You may also, unless as otherwise agreed between you and the
Originator and/or Appointed Provider, suspend your
subscription at any time after the first 120 (one hundred and twenty) days and upon 40 (forty) days
written notice to the Originator and/or Appointed Provider or ED. In this event, ED shall retain your account and all Content published by you on
the Platform for a maximum period of 5 (five) years during which time, your subscription may be
reactivated with 30 (thirty) days written notice to ED or the Originator and/or
Appointed Provider, as the case may be. A monthly fee shall be payable to your
Originator and/or Appointed Provider in this
regard, for so long as your subscription remains suspended. The suspension of your subscription will
incur a monthly fee of 15% (fifteen percent) of the subscription fee payable within 30 (thirty) days of
date of invoice and in accordance with the terms of clause 12.
- WARRANTIES
- ED warrants that it holds the necessary rights to grant the rights
as specified in these Terms and Conditions and that the Platform does not infringe on the intellectual
property rights of any third party.
- Save for the warranties provided by ED in clause 14.1 above, you
acknowledge that the Platform is otherwise provided “as is” without any warranty of any
kind, express or implied, including but not limited to warranties of performance, availability,
merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currentness, and
delays.
- ED shall endeavour to ensure a considerable uptime of the Platform
but provides no warranty that access to the Platform will be uninterrupted, secure, complete or error
free.
- ED also makes no representation about the suitability of the
information contained in the Documentation and related graphics published as part of the Services and
the Documentation and related graphics are provided “as is” without any warranties of any
kind. The Documentation could include technical inaccuracies and typographical errors and ED may make
improvements and/or changes to the Documentation from time to time.
- ED shall endeavour to ensure optimal latency of its technology and
platforms, but provides no warranty for latency disruptions that are due to network outage from user
providers, vast distances, or device configurations (such as Virtual Private Networks).
- LIMITATION OF LIABILITY AND INDEMNITY
- Under no circumstances shall ED and/or the
Originator assume any liability whatsoever for any loss or damage suffered by
you in relation to your use of the Platform and/or any failure to comply with these Terms and Conditions
nor shall ED and/or the Originator be liable to you for
any consequential, indirect, delictual, special, or other damages of any nature whatsoever or howsoever
arising.
- You hereby indemnify ED and its employees, directors and agents against any claim (including any legal costs incurred
by ED and/or the Originator and/or the Appointed Provider in relation thereto) that may arise against ED as a result of your failure to comply with these Terms and Conditions, any infringement of a
third party’s intellectual property in the creation and/or development of Content, any negligence
on your part, either contractually or delictually and whether by act or omission, any violation by you
of any laws or regulations.
- ED hereby indemnifies you in respect of any claim by any third party
that the Platform infringes on the intellectual rights of any third party. You are required to notify ED
of the commencement (or threatened commencement) of any civil, criminal, administrative or investigative
action or proceedings involving any claim by any third party that the Platform infringes on the
intellectual rights of any third party. ED shall be entitled to assume control over the defence and/or
settlement of such claim on written notice to you alternatively, ED shall be entitled to participate in
the defence of such claim and may employ Counsel at its own expense to assist in the handling of such
claim. No settlement may be entered into by you without ED’s prior written consent.
- The user shall indemnify and hold harmless the Licensor (ED) from
any claim of damages, costs and expenses, including legal costs, loss of profits and any other liability
of whatsoever nature resulting from the use of any the Licensor’s platforms and/or resulting from
any third party copyright infringement or third party claim of copyright infringement of:
- any patent under South African law; and
- any patent issued and/or registered under the laws of any other
country and/or in which the aggrieved third party may operate.
- The User and/or Customer agrees not to use or exploit the platform
for any purpose that is illegal, harmful or prohibited under South African law or in contravention of
these Terms.
- The User specifically undertakes and agrees that it may not use the
platform to disclose, share, send or publish any content and/or material of whatsoever nature that may
be copyrighted, offensive, defamatory, prohibited, regulated, inaccurate, untrue or damaging to any
person and/or entity.
- In this regard, the User and/or Customer shall have the sole
responsibility to ascertain whether any content and/or material is copyrighted, offensive, defamatory,
prohibited, regulated, inaccurate, untrue or damaging to any person and/or entity.
- The User and/or Customer shall indemnify and hold harmless the
Licensor (ED) from any claim of damages, costs and expenses, including legal costs, loss of profits and
any other liability of whatsoever nature resulting from the contravention of the above two
clauses.
- PRIVACY POLICY
See ED’s privacy policy for information relating to the collection and processing of
your personal information.
- LINKS TO THIRD PARTY WEBSITES
- The Website and/or any Platform-related communications may contain
links to third party websites. These links to third party websites are provided solely for your
convenience and does not imply endorsement by ED and/or the Originator and/or
the Appointed Provider of the third party website.
- You agree and acknowledge that these third party websites are not
under the control of ED and/or the Originator and/or the Appointed
Provider and ED and/or the Originator and/or the
Appointed Provider is not responsible for the content of any linked site or
any link contained in a linked site, or any changes or updates to such websites.
- FORCE MAJEURE
ED shall not be responsible for a failure to provide the Services hereunder to causes
beyond its control, including but not limited to,
work stoppages, fires, civil disobedience, riots, rebellions, earthquakes, floods, acts of God and
similar occurrences. Provision of the Services shall be resumed as soon as possible but within 30
(thirty) days of such cause, failing which your subscription shall terminate.
- NOTICES
Except
as otherwise provided, all notices and correspondence must be given in writing to ED at: 24 Hurlingham Road, Cnr Fricker Road, Illovo, Sandton,
Gauteng or hello@everydaydigital.co.za or such other addresses of which ED may give you notice.
- GOVERNING LAW
Any dispute arising under or in any way connected with these Terms and Conditions shall be
subject to the laws of the Republic of South Africa.
- CESSION AND ASSIGNMENT
- You will not be entitled to cede or assign any rights and/or
obligations which you may have in terms of these Terms and Conditions to any third party.
- ED may cede and/or assign any rights and/or obligations in terms of
these Terms and Conditions upon notification to you.
- COSTS
In the
event of any action or proceeding being brought to enforce or interpret any provision of these Terms and
Conditions or recover any amounts, the prevailing party in such action or proceeding will be entitled to
recover all costs incurred by it, whether incurred prior to or during the institution of legal
proceedings or if judgment has been granted, in connection with the satisfaction or enforcement of such
judgment.
- SEVERABILITY
Should any provision be declared illegal, invalid or unenforceable in any jurisdiction
affected by these Terms and Conditions, such provision shall, as to such jurisdiction, be ineffective to
the extent of such prohibition and shall be severed from the balance of the provisions hereof, without
invalidating the remaining provisions of these terms and conditions or affecting the validity or
enforceability of such provision in any other jurisdiction.
Privacy Policy
Last updated on 26 March 2021
1. INTRODUCTION
This Privacy Policy discloses the collection and processing of personal information -
as well as the protection of such personal information - obtained by the Controller, Everyday Digital (Pty)
Ltd, (“Controller”, “ED”), and Processors (“Processors”) through the use
of technologies created by ED, and otherwise in the provision of services to you by ED and/or its
Processors.
This Privacy Policy complies with the provisions of the Protection of Personal
Information Act, 4 of 2013 (“the Act”), and is informed by the General Data Protection
Regulation (“GDPR”); it represents ED’s commitment to complying with its obligations
arising under the Act as well as the regulations contained in the GDPR.
ED technologies are considered to follow the privacy by design framework and
continuously strive for compliance, transparency, and accountability.
2. DEFINITIONS
In this Privacy Policy, unless the context indicates a contrary intention, the
following expressions and words have the meanings assigned to them below and derivative expressions and
words will have a corresponding meaning
2.1 “User” means anyone who has access
to your personal information through ED technology and/or is processing such personal information in
connection with the use of ED technologies. Examples include, but are not limited to, customers of ED, and support or service providers of
either ED or its customers.
2.2 “End-user” A user that can access the apps but does not
have access to the backend of a platform, i.e. is not a Processor.
2.3 “App” means any applications created using ED technologies, which may be made available to
users through a mandated Processor or directly through ED;
2.4 “Data” means the sum of everything including, but not limited to, user data, mailing lists,
surnames, telephone numbers, profiles, time stamps, logs, all information that is physically stored on the
platform, data and/or content created and/or developed and/or authored on ED technologies including digital
media in the form of inter alia text, images, video, and audio;
2.5 “Data
Subject” means users of ED technology;
2.6 “Controller” means ED and its technologies;
2.7 “Processor” is a user that has been mandated to operate and
distribute an ED platform and, therefore, in adherence to these terms, has backend platform access to view
and process personal information of the users who sign up for and/or make use of apps, platforms and/or ED
technologies. The Processor can extend backend access - and therefore access to personal user information -
to “Appointed Providers” (see 2.8) who, also in adherence to the terms set herein by the
Controller, may offer services including but not limited to, support, administration, and content
development. Where a “Processor” is referred to within this document, this shall be taken to
include the Appointed Provider(s);
2.8 “Processing” of personal data can be defined as
including any operation or set of operations performed upon personal data or sets of personal data, whether
or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or
alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making
available, alignment or combination, restriction, erasure, or destruction;
2.8 “Appointed Provider” or “Provider” is a user who has been appointed by a Processor and thus given limited or full permission
to access, view, and process personal information of users utilising apps, platform accounts, and/or ED
technologies;
2.9 “Privacy
Policy” means this Privacy Policy together with any and all other related
agreements and/or documents;
2.10 “Platform” an iteration of ED technologies,
operated by a Processor and functioning as a software-as-a-service;
2.11 “Backend” means the password-protected platform
management and editing space. Processors typically have access to a platform backend;
2.12 “Account” means a Processor, User or
End-user Account on a platform developed using ED technologies. Accounts contain personal information and
data.
3. ACCEPTANCE OF PRIVACY POLICY AND CONSENT
By your access to ED technologies and/or disclosure of personal information to ED
for purposes of ED providing the services to you, you accept the terms and conditions of this Privacy Policy
and expressly consent to the collection of personal information and processing of that information by ED in
accordance with POPI (Protection of Personal Information Act), and under the guidance of the GDPR (General
Data Protection Regulation).
4. THE RIGHT OF ACCESS BY THE USER
The user shall have the right to obtain from the Processor, confirmation as to
whether or not personal data concerning them is being processed, and, where that is the case, access to the
personal data and the following information:
4.1 The purpose of processing personal information: The
purpose of processing personal information is for App and/or Account functionality, personalisation, user
support, integrations, and analytics. Specifically, to allow the technologies and its services to
function.
Data recorded includes, but is not limited to:
4.1.1 user progress on how much content has been viewed
or interacted with;
4.1.2 results that are based on completing a content
assessment or module;
4.1.3 responses in the form of written answers, surveys,
photo uploads, multiple choice answers, and quiz answers;
4.1.4 a percentage score;
4.1.5 level which entails progress based on the
Controller’s point system whereby an accumulated score appoints a level ranking to the user;
4.1.6 leaderboard ranking in terms whereof a
user’s name and location may be visible to other app users; and
4.1.7 demographics which may include age gender,
location, name, surname, email address, and phone number.
4.1.7.1 to sign up to a publicly available App, only the
name, surname, and email address are required.
4.1.7.2 to sign up to an invite-only App, your name,
surname, age, and email or phone number are required.
4.2 the categories of personal data concerned:
4.2.1 The Controller does not collect sensitive data,
and mandated Processors and Appointed Providers are required to comply with this policy.
4.3 The recipients or categories of recipient to whom
the personal data have been or will be disclosed, in particular recipients in third countries or
international organisations:
4.3.1 Recipients who have access to the personal user
data include:
4.3.1.1 The internal support teams, administrative
teams, and development teams of the Controller, Processors, and the Appointed Providers who may access all
user information, but not for the purpose of distributing such information except for allowable
purposes.
4.3.1.2 The Processor will have access to your personal
details and data in the form of analytics, API, exporting, and reporting, with appropriate consent based on
the Processor’s jurisdiction.
4.3.2 Processors could be individuals or organisations
who make use of ED technologies and may reside anywhere in the world.
4.3.3 In order to effectively communicate with the data
subject, the Processor may upload personal details such as name, surname, email address, and mobile numbers
to newsletter email platforms with appropriate consent based on the Processor’s jurisdiction.
4.4 The user acknowledges that data is stored
indefinitely (or as otherwise regulated by statute or policy) for historical research and reference
purposes, particularly in the interest of product optimisation until a user requests the erasure of their
data (apply the right to be forgotten).
4.5 The existence of the right to request from the
controller rectification or erasure of personal data or restriction of processing of personal data
concerning the data subject or to object to such processing:
4.5.1 Only the data subject may edit their account
details.
4.5.2 Upon request sent to the Controller and relevant
Processor(s), personal data (including processed data) of the data subject may be rectified or
erased.
4.6 The right to lodge a complaint with the
Processor.
4.7 The Processor may make use of data analytics and
personal data to deliver more suitable content, services and support to users.
5. COLLECTION AND PROCESSING OF PERSONAL INFORMATION
5.1 ED collects your personal information only for,
inter alia, the following purposes:
5.1.1 to enable access to and use of ED technologies and
generally, to enable Processors to provide the relevant services;
5.1.2 to communicate with users in relation to access to
and/or use of the ED technologies or other services;
5.1.3 to improve and further develop ED technologies and
to provide enhanced or geographically and demographically differentiated features to users of ED
technologies;
5.1.4 to provide user support in relation to ED
technologies and to assist in diagnosing network congestions and problems with ED’s server(s) and
otherwise to assist in the administration and delivery of ED technologies to users thereof;
5.1.5 to perform data analytics;
5.1.6 to conduct marketing and sales activities;
5.1.7 to operate, evaluate and improve ED’s
business;
5.1.8 to verify a user’s identity and protect
against and prevent fraud and other unlawful activity, unauthorised transactions, claims, and other
liabilities and manage risk exposure and quality; and
5.1.9 in connection with any legal proceedings.
5.2 The type of information that ED may collect from you
for the purposes above may include (but not be limited to) the following:
5.2.1 contact information such as your name, phone, and
fax number, email and physical addresses;
5.2.2 information relating to your age;
5.2.3 company information such as your company name,
registration number, registered addresses;
5.2.4 location data such as coarse (to nearest locality)
or precise location gleaned from your device GPS;
5.2.4 information relating to the access to and use of
ED technologies, including names for user access, user permissions and privileges; and
5.2.5 information that you publish on ED
technologies.
5.3 In addition to the personal information that you
provide to ED:
5.3.1 ED makes use of cookies (files with small amounts
of data sent to your device from a server and stored on your device’s hard drive), sessions and logs
to collect certain additional information, such as a user’s IP address, GPS location, URL information,
operating system, and browser details for purposes of monitoring security, performance, and/or diagnostic
events on ED technologies.
5.4 In its capacity as a Controller, ED does not
transfer data across borders unless a server migration is needed, or a new server is deployed in a new
location, or for purposes of data backups. Such a transfer of data is hence for purposes of hosting, rather
than processing or viewing data. If a server migration were to occur, ED will adhere to the international
transfer of such data within the scope of this privacy policy.
6. DISCLOSURE OF PERSONAL INFORMATION
6.1 ED may share personal information with its
Processors involved in the delivery of the services to users and/or service providers tasked with the
storage and/or safekeeping of user information, including information published on ED technologies. For
example, Processors may have access to personal data of their direct customers, and may also make use of API
and integrations to process data within the scope of their services.
6.2 The sharing of personal information may necessitate
the transfer of user information across foreign borders, and the Processor shall, in this event, comply with
the requirements of the applicable jurisdiction and laws in that region for the transfer of personal
information across borders. The Processor - mandated by ED - agrees to such transfer and processing in terms
of this privacy policy.
6.4 Personal information may also be disclosed by ED in
instances where ED is required by law or court order to disclose such information or in the event that the
disclosure of such information is, in ED’s sole discretion, necessary to protect its rights.
6.5 To the extent permissible under the applicable laws,
each user of ED technologies hereby consents to and grants its Processors - who make use of said
technologies - solely for the duration of such period, a limited right to collect, use and obtain the
user’s data solely for a related business purpose.
6.6 The Processor may not disclose, sell,
sub-license or otherwise transfer the data of any user to any third party without appropriate consent (based
on jurisdiction) from said user(s).
7. PROTECTION OF PERSONAL INFORMATION
ED understands the value of your personal information and therefore, takes all
reasonable steps to safeguard such personal information from unauthorised access or use, misuse, loss or
interference and will, on an ongoing basis, review its security controls and related processes to ensure the
continued integrity and confidentiality of your personal information. The same standards are imposed upon
third parties to whom your personal information is shared by ED to ensure that they likewise maintain the
integrity and confidentiality of such personal information.
8. CHANGES TO THIS PRIVACY POLICY
ED reserves the right to update, change, or modify this Privacy Policy from time to
time.
Any changes or modifications, additions, or deletions will become effective
immediately upon notice to you which may be given by any means, including on ED’s website, by email,
in-app, or via the respective Processor(s). Your access to and/or use of the ED technologies thereafter
shall be deemed to constitute your acceptance of the changes, modifications, additions, or deletions to this
Privacy Policy.
9. CONTACT DETAILS
If you have any requests in relation to your personal data, ED must acknowledge your
request. Please contact us using the following email:
hello@everydaydigital.co.za.
If you are of the opinion that ED has used or not protected your personal information
in terms of this Privacy Policy or the appropriate protection of personal information law, please contact us
and send your complaint to the provided email.