Terms and Conditions of Use

Welcome to the Pure Solutions website at www.puresolutions.co.za. Please take a moment to read these terms and conditions including our policies (“Terms”) to understand how they apply to your use of our website and any information, products or services that may you may request, disclose or order online.

Please read the rules carefully. USE OF AND/OR REGISTRATION ON ANY ASPECT OF THE WEBSITE WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THESE RULES. If you cannot agree with these rules, please do not use the website. If you have any questions regarding our Website, the Terms, information, products or services, please click here to contact us.

1. GENERAL TERMS

Who owns this Website?

The Pure Solutions Website at www.puresolutions.co.za is owned and operated by Digital Pure Solutions (Pty) Ltd (“Pure Solutions”), a private company registered in the Republic of South Africa under company registration number 2018/480962/07, which has its registered office at 17 Brigantine Road, Sun Valley, 7975, Cape Town. All rights and/or defenses afforded to us in these Terms shall stand to the benefit of our group companies.

Terms and conditions apply:

These Terms apply to your use of this Website. By using this Website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our Website if you do not agree to be bound by these Terms. Online purchases from our Website are subject to these Terms.

Amended or updated terms:

We may periodically update or change the Terms without notice. You should check them from time to time, as your continued use of our Website will mean you accept any updated or revised Terms.

Law and arbitration:

This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Cape Town at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.

Law and arbitration:

This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Cape Town at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.

Use of our Website:

You are welcome to browse or use our Website for your own personal and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this Website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our Website from any other site whatsoever, is strictly prohibited.

Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.

You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising and/or commercial offers. You may not repeat the same posting multiple times in a day or week.

You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Website.

You agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit.

You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post anywhere on the Website does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner/s of such rights.

The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (“Assets”). The Assets are protected by copyright, trade mark and other intellectual property laws. Nevertheless, we grant to you the limited, non-exclusive rights and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices. This includes the “look and feel” of the Website and the advertising thereon (“the Website Content”).

The Website Content is protected by copyright, trademark and other intellectual property laws and is the property of Pure Solutions and its authorized service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.

You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Website except as permitted by statute or expressly permitted in writing by this Agreement or the Website.

You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.

Other than connecting to our and our third party service provider’s servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator’s passwords or by masquerading as an administrator while using the Website or otherwise.

You acknowledge that Pure Solutions and its third-party service providers have not reviewed and do not endorse the content of all sites linked to and from this Website, and are not responsible for the content or actions of any sites linked to or from this Website. Linking to any service or site is at your sole risk.

You agree to indemnify Pure Solutions against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Website and/or its contents contrary to these Terms.

We use cookies to identify the computer device with which you connect to our Website. We reserve the right to restrict your use and access to our Website or part thereof in the event of any unauthorized use.

We reserve the right to suspend our Website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.

Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.

Use of our Website outside South Africa:

Customers who are not resident in South Africa are welcome to use our Website in accordance with these Terms to make online purchases provided that the delivery address is in South Africa.

Privacy policy and information security:

Your privacy is very important to us and therefore any information that you upload on our Website including any payment card information will be stored on a secure server. Our secure server encrypts your identity number and payment card details in order to minimise the risk of unauthorised disclosure or interception. Our Website makes use of ‘cookies’ which collect data about the device that you use to access our Website. The cookies minimise the possibility of unauthorised access to, and disclosure of, your personal information. We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. We may do so if you have granted consent thereto.

Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected over the internet. We cannot guarantee the absolute security of any information you exchange with us.

Accuracy of Website content:

All reasonable steps are taken to ensure that the information on our Website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current. Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values. If you wish to make an investment decision regarding Pure Solutions, kindly consult your stockbroker or financial adviser.

Your comments:

We value your comments, ideas, suggestions and feedback. We will not respond to, maintain or compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments.

Pure Solutions does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibilities of those who post the statements and do not necessarily represent the views of Pure Solutions or its third-party service providers. You agree that Pure Solutions and its third-party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.

Intellectual property:

All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this Website are owned by or licensed to us. All data and information communicated to or from the Website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

Use of our logos, content and images:

You are not permitted to use the content of our Website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.

Advertising and hyperlinks:

External hyperlinks may appear on our Website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk. Advertising and other promotional material of third parties may appear on our Website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.

Disclaimers and exclusions of liability:

Use of our Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Website or the purchase of any of our products or services.

You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this Website.

Indemnification:

You hereby indemnify Pure Solutions and its affiliates, employees, agents, representatives and third-party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the attorney-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.

2. PRIVACY POLICY

23 August 2021

Pure Survey is committed to maintaining the privacy and security of Personal Information. This Privacy Policy Statement contains information about our policy regarding the collection and use of personal information, with reference to the Protection of Personal Information Act (2013 – South Africa).

Who we are
For the purpose of this notice, “Pure Survey” refers to the following three companies: Pure Survey (Pty) Ltd, Pure Survey International (Pty) Ltd and Digital Pure Solutions (Pty) Ltd (trading as Pure Solutions).

How we collect Personal Information
Pure Survey functions in an Operator role on behalf of our clients. Personal Information is supplied to us by our clients for a variety of reasons. These may include, but are not limited to, conducting online surveys, facilitating WhatsApp line communications and facilitating App interactions. Our clients are expected to be fully POPIA compliant and to have secured the necessary authorisation to collect and process the Personal Information which they supply us with.

Personal Information may be provided to us via job applications to our recruitment email address, jobs@puresurvey.co.za, or via general or sales enquiries to info@puresurvey.co.za.

Nature of Personal Information
The nature of the Personal Information which our clients supply us with is directly related to their specific business need. This may include names, email addresses, phone numbers, ID numbers, locations, job titles.

Job applications will likely contain names, gender, marital status, nationality, education, employment history, location, phone numbers and email addresses.

Sales enquires generally contain names and contact details only.

Use of Personal Information
We process personal data under the following circumstances for the legal basis of processing:

• Conclusion or performance of a contract;
• Necessary for compliance with legislation;
• Protecting a legitimate (vital) interest of the data subject;
• Protecting a legitimate (vital) interest of our organisation; and
• When we have your consent.

Research Survey Information
Personal information provided to Pure Survey is confidential and is combined with information gathered from other survey participants, and reported in aggregate. In some cases, survey responses may be tied to other customer information that is provided by the client sponsoring the survey, and used for segmentation or analytical model building, but in no case will responses be used for individual marketing efforts, and no action will be taken toward an individual respondent simply because of his or her participation in the survey.

Pure Survey Analytics Survey Web Site
Personal information is safeguarded on secured systems and is used only for the purpose stated. In order to respond to an inquiry, an email address or other contact information may be requested when we are contacted through info@puresurvey.co.za. This information is shared with Pure Survey employees on a need-to-know basis only. Our survey web site may contain hyperlinks to web sites outside of Pure Survey. Data collection privacy policies may be different on hyperlinked sites not owned by Pure Survey; therefore, we recommend that you read the Privacy Policy Statement for each site visited. Participants consent to the terms of the Pure Survey Privacy Policy and the use of their information upon participating in a Pure Survey survey.

Email Addresses and Communication
Pure Survey may have personal email addresses in its email system or data files that are acquired through Clients who have provided email addresses for research purposes.

Pure Survey uses email as a means of communicating to known clients and customers. When email is used to invite respondents to participate in surveys, the following processes are used to ensure we do not send SPAM:

• We clearly identify ourselves and/or the client when sending an invitation
• We provide contact information should there be any questions or concerns
• We provide the option to be removed from future email research invitations
• We reuse email addresses only as a legitimate follow up to survey research

These processes ensure that we contact only those who could have an expectation of being contacted for research purposes.

Disclosure of Information
Under certain circumstances, Pure Survey may be required or permitted by law or court orders to collect, use, and / or disclose personal information; notice may not be required.

In the event of a sale, merger, liquidation, dissolution, reorganization or acquisition of Pure Survey or a Pure Survey business or business unit, the acquiring party would agree to be bound by the terms of the Pure Survey Privacy Policy before any information would be transferred.

Personal information may also be disclosed when the survey instrument clearly states that the information will be disclosed or, when a participant makes a request during the survey that can only be fulfilled by disclosing information from the survey.

Storage and Security
Pure Survey is committed to keeping personal data secure and will take all reasonable precautions to protect personal information from loss, misuse or alteration. This data is stored on our internal network servers that are protected by firewalls and other appropriate security mechanisms.

No method of transmission over the Internet, nor method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

We delete your personal data as soon as the purpose for which we have collected and processed the data ceases to apply. Beyond this time period, data storage only takes place to the extent made necessary by the legislation, regulations or other legal provisions to which we are subject to.

Our Information Security Policy covers:

• Management support for information security
• Information security responsibilities
• Information security classification
• Personal password management
• Privacy
• Internet acceptable usage
• Computer security
• Establishing network connections
• Printed material and documents
• Change control
• Intellectual property rights
• Software development
• Violations

Access to Personal Information
Only authorized Pure Survey employees, vendors, contractors or partners carrying out authorized business functions are allowed to access Pure Survey Analytics data or databases.

Vendors, contractors, or partners who have access to survey information in connection with providing services for Pure Survey are required, at a minimum, to sign a Confidentiality Agreement. The Confidentiality Agreement requires them to keep the information confidential; they are not permitted to use this information for any purpose other than to carry out the services they are performing for Pure Survey Analytics.

Pure Survey employees are required to sign a Confidentiality Agreement in which they agree to keep all project and respondent personal information confidential. Employees who violate the Confidentiality Agreement are subject to disciplinary actions, including termination when appropriate.

Children’s Privacy
Pure Survey does not knowingly make direct contact with children to participate in research activities. If we require survey information from children, we contact the parent or guardian to arrange the survey activities and we encourage the parent or guardian to closely monitor and participate in the survey activities.

If we learn that we have collected information from a user that is under the age of 18, we will take measures to promptly delete such data from our records

Your Rights
As a data subject, you have the following rights when it comes to your personal information:

• Right to have personal information processed in accordance with the purpose you have given concern to conditions and you have the right to revoke your consent at any time.
• Right to be notified on why your personal information is collected.
• Right to object to the processing of personal information.
• Right to institute civil proceedings regarding the alleged interference with the protection of your personal information.
• Right to submit a complaint to the Information Regulator regarding the alleged interference with the protection of the personal information of any data subject.

If you would like to contact us regarding this policy, please email info@puresurvey.co.za. To contact the information Regulator, the please use one of the following:

• http://www.justice.gov.za/inforeg/index.html
• General enquiries: inforeg@justice.gov.za
• Complaints: complaints.IR@justice.gov.za

Changes In This Privacy Statement
Pure Survey reserves the right to modify and update this policy and its related business practices at any time. Please view this Privacy Policy on a regular basis.