1. This Website

1.1 This website (“Website”) allows you and other channel partners, users, customers and other interested parties to engage in a variety of activities such as finding information about SYSPRO and SYSPRO’s channel partner program, obtaining support in respect of SYSPRO’s channel partner program, having access to sales tools, sales and implementation training and educational material, the SYSPRO Leaning Channel, services, case studies, whitepapers, business intelligence and customer testimonials, having access to information relating to your performance as a channel partner and the performance of your users, obtaining marketing assistance, sharing information with SYSPRO and third parties and engaging in conversations and activities relating to SYSPRO’s channel partner program.

1.2 This Website includes information created and published by SYSPRO and third parties, such as text, images, photographs, graphics, audio and video, data, articles, templates, spreadsheets, software, services, logos, databases, icons, hyperlinks, designs, agreements, multimedia works and tools (“Content”).

 

2. Scope and acceptance of these terms

2.1 These terms of use (“Terms”) will apply to your access and use of this Website and the Content in addition to any further or different disclaimers, legal notices, agreements or terms and conditions that may apply to your use of or access to any particular Content. If there is any conflict between these Terms and any other legal terms, the other legal terms will prevail.

2.2 These Terms form a legally binding agreement between you and SYSPRO. By accessing or using this Website and/or the Content, you accept and agree to abide by these Terms. Should you not agree with these Terms, you must immediately leave this Website and not attempt to access or use this Website or the Content as your access and/or use of this Website or the Content will automatically bind you to these Terms.

2.3 SYSPRO reserves the right, in SYSPRO’s sole discretion, to amend and/or replace any of, or the whole of, these Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on this Website. Each time you access this Website and/or use the Content, you will be consenting, by such access and/or use, to these Terms, as amended and/or replaced from time to time. If you are not satisfied with the amended Terms, you should refrain from using this Website.

2.4 If there is anything in these Terms that you do not understand, please contact SYSPRO as soon as possible at webmaster@za.syspro.com.

 

3. Content of this website

3.1 SYSPRO reserves the right, without notice and at SYSPRO’s sole and absolute discretion, to change any aspect of the Content available on this Website, or to discontinue any aspect or feature of this Website or any of the Content or to change the software and hardware required to access and use this Website.

3.2 You are required to regularly access this Website to keep yourself advised of these changes.

 

4. Third party content

4.1 SYSPRO does not claim ownership of any information, whether in the form of an article, information, documentation, graphics, images, marketing material, educational material, videos, photographs, messages, feedback or ideas (“Third Party Content”), that you or any other user posts, uploads or submits to this Website.

4.2 By posting, uploading, submitting or transmitting any Third Party Content to or on this Website, you:

4.2.1 automatically grant SYSPRO and SYSPRO’s affiliates a non-exclusive, worldwide, fully paid up and royalty-free, perpetual, irrevocable right and licence to use, reproduce, alter, publish, translate, sub-license, copy and distribute such Third Party Content in whole or in part worldwide, and to incorporate it in other works in any form, media or technology now known or hereinafter developed, for the full term of any copyright that may exist in such Third Party Content;

4.2.2 represent and warrant to SYSPRO that you have the right, title and/or authority to grant such licence to SYSPRO.

4.3 SYSPRO is not obliged to evaluate, monitor or examine the Third Party Content that you or any other user posts, uploads or submits to this Website or the accuracy thereof.

4.4 If SYSPRO elects to post or publish your Third Party Content, SYSPRO may, in SYSPRO’s sole and absolute discretion, withdraw the posted or published Third Party Content for any reason and without notice to you.

4.5 You warrant and undertake to and in favour of SYSPRO that:

4.5.1 you have the right to make available your Third Party Content on this Website;

4.5.2 such Third Party Content shall not infringe the Intellectual Property Rights (as defined below) of any other person;

4.5.3 the Third Party Content shall not be unlawful, harmful threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or hateful or racially, ethnically or otherwise objectionable in any manner or violate the rights of others;

4.5.4 the Third Party Content shall not result in any damaging or malicious computer programming routines (such as a software virus, trojan horse, worm, time bomb, cancelbot, corrupted file or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property) being introduced to this Website which may damage or interfere with the proper working of this Website or any activities conducted on this Website or which may compromise the security of this Website in any manner whatsoever;

4.5.5 your Third Party Content shall not include any unsolicited or unauthorized advertising, promotional materials, surveys, spamming or any other form of solicitation, commercial or otherwise;

4.5.6 you shall not forge email headers or otherwise manipulate identifiers in order to disguise the origin of any Third Party Content transmitted through this Website.

4.6 You agree that SYSPRO shall not be held liable, directly or indirectly, in any way for Third Party Content, your use thereof or for any loss or damage of any kind incurred as a result of your use of Third Party Content.

 

5. Permissible use of this website and related restrictions

5.1 The Content comprises of:

5.1.1 spreadsheets, templates and other material that you may download and use in the conduct of your business as a SYSPRO channel partner (“Commercial Content”); and

5.1.2 any other Content that you may download and use for your personal and non-commercial purposes (in other words, a purpose not intended for or directed towards commercial advantage or monetary compensation) (“Non-Commercial Content”).

5.2 You agree not to, and you agree that you will not through a third party:

5.2.1 modify, copy, distribute, transmit, display, translate, perform, reproduce, publish, license, adapt, vary, modify, incorporate into other works, create derivative works from, transfer, encumber, sell or in any other way deal with:

5.2.1.1 any part of this Website;

5.2.1.2 any of the Non-Commercial Content;

5.2.1.3 any of the Commercial Content if such material is used for any purpose other than performing your functions as a SYSPRO channel partner;

5.2.2 decompile, disassemble or reverse engineer any part of this Website or modify or enhance this Website. If you effect any modifications or enhancements to this Website in breach of this provision, SYSPRO, at its sole and absolute discretion, may choose to (i) retain such modifications and enhancements, in which event such modifications and enhancements shall be SYSPRO’s property; or (ii) remove such modifications and enhancements, in which event you hereby agree to pay SYSPRO all of the costs and expenses that it incurs in this regard on demand;

5.2.3 without SYSPRO’s prior written consent, provide, disclose, divulge or make available to or permit the use of or give access to this Website by persons other than you. In this regard, when you register to use this Website, you will be assigned a password. You are solely responsible for the use and security of your password and any activities that occur in relation to your password. Any activities conducted on this Website under your password will be regarded as activities that you have conducted and you will be bound by same. If your password is compromised, you must immediately notify SYSPRO in writing and change your password;

5.2.4 remove any identification, trademark, copyright or other notices from this Website or any Content downloaded from this Website (including from Commercial Content);

5.2.5 impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

5.2.6 breach or violate any applicable local, state, national or international law and any regulations;

5.2.7 gather, collect or store personal information or data of other users except if such other users are your customers and you have received their written consent to your gathering, collection and/or storage of their personal information or data;

5.2.8 permanently copy or reproduce any part of a web page on any other website or otherwise redistribute same;

5.2.9 provide links to this Website without first obtaining SYSPRO’s prior written consent and, if SYSPRO gives you such consent, you must discontinue your link if so asked by SYSPRO for any reason.

5.3 The following additional provisions apply to the Commercial Content:

5.3.1 the Commercial Content is simply a tool that is made available to users to assist them in carrying out certain tasks or performing certain functions. SYSPRO does not accept any responsibility or liability for how the users use the Commercial Content or the results that are achieved, or the information that is generated, by a user’s use of the Commercial Content;

5.3.2 SYSPRO owns all of the Intellectual Property Rights (as defined below) to the Commercial Content and the use by users of such Commercial Content shall not give such users any rights in or to the Commercial Content other than the limited right to use the Commercial Content for the specific purpose for which the Commercial Content is made available to the user;

5.3.3 by allowing users to download and use the Commercial Content, SYSPRO does not make any warranties or representations to any other person regarding a user’s ability to use the Commercial Content or the manner in which the user uses the Commercial Content or in respect of the task or function that the user carries out or performs using the Commercial Content.

 

6. Security

6.1 In order to ensure the security and reliable operation of this Website and the Content to all users of this Website, SYSPRO hereby reserves the right to take whatever action SYSPRO may deem necessary to preserve the security, integrity and reliability of SYSPRO’s servers, network and back-office applications.

6.2 You may not utilize this Website in any manner that could damage, disable, overburden, impair or compromise the security of any SYSPRO server or the networks connected to any SYSPRO server or tamper with this Website in any manner whatsoever or interfere with any other person’s use and enjoyment of this Website. You may not attempt to gain unauthorized access to this Website, other accounts, computer systems or networks connected to any SYSPRO server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. Any person or entity which does so, or attempts to do so, shall be held criminally liable and shall also be liable, on an indemnity basis, for any direct and indirect damages or loss that SYSPRO suffers or sustains.

6.3 In addition to the above, any user who:

6.3.1 intentionally accesses or intercepts any data without authority or permission to do so;

6.3.2 intentionally and without authority to do so, interferes with data in a way which causes such data to be modified, destroyed or otherwise rendered ineffective;

6.3.3 utilizes any device or computer program in order to unlawfully overcome security measures designed to protect this Website and the Content or access thereto;

6.3.4 commits any act described above with the intent to interfere with access to this Website so as to constitute a denial, including a partial denial of access to and/or use of this Website to legitimate users;

6.3.5 performs or threatens to perform any of the above acts for the purpose of obtaining any unlawful proprietary advantage by undertaking to cease or desist from such action, or by undertaking to restore any damage caused as a result of those actions;

6.3.6 performs any of the acts described above for the purpose of obtaining any unlawful advantage by causing fake data to be produced with the intent that it be considered or acted upon as if it were authentic; or

6.3.7 aids or abets someone to commit any of the foregoing acts,

shall, notwithstanding criminal prosecution, be liable for all direct and indirect resulting liability, loss or damages suffered and/or incurred by SYSPRO and SYSPRO’s affiliates, agents and/or channel partners on an indemnity basis.

 

7. SYSPRO’s intellectual property rights

7.1 As used in these Terms, “Intellectual Property Rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, logos, designations, insignias, brand and trade names, business names, domain names, trade secrets or confidentiality rights and any other intangible property rights, including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected or registered or capable of registration, now existing or hereafter filed, issued or acquired.

7.2 All Intellectual Property Rights to this Website and the Content are the property of, or are licensed to, SYSPRO and as such are protected from infringement by local and international legislation and treaties.

7.3 Nothing in these Terms shall be deemed to give you the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any part of this Website, any Content or any Third Party Content which is not your Third Party Content for any reason unless otherwise expressly permitted by these Terms or by law.

7.4 Your access to and use of this Website will not give you any rights in or to this Website or the Content. All rights not expressly granted are reserved and no right, title or interest in any of the Content or any part of this Website is granted to you.

7.5 Irrespective of the existence of copyright, you acknowledge that SYSPRO is the proprietor of all of the Content (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such Content.

7.6 Information on requirements for using SYSPRO’s trademarks can be found by clicking on the ‘Trademarks’ link at the bottom of each web page on this Website.

 

8. Confidential information

8.1 As used in these Terms, “Confidential Information” means all trade secrets, Intellectual Property Rights and other information that SYSPRO or third parties protect against unrestricted disclosure to others which is:

8.1.1 either labelled as confidential and accessed through a restricted or non-public area of this Website or pursuant to software downloads; or

8.1.2 reasonably identifiable as confidential based on the type of information and the manner of its disclosure.

8.2 Except for those parts of this Website which are clearly identified as non-public forums, every other part of this Website is intended to be a public forum and you agree not to provide SYSPRO or other users with any confidential or proprietary information that you or the owner of the information do not intend to become public information.

8.3 Except for your Third Party Content which you clearly label as confidential and you upload into a non-public forum, any Third Party Content that you send or upload to this Website will be deemed not to be confidential or proprietary and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such Third Party Content.

8.4 You agree not to reproduce any Confidential Information to which you are provided access through this Website in any form except as authorised at the time of disclosure. Any reproduction of Confidential Information shall remain the property of SYSPRO or any third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original.

8.5 You agree to:

8.5.1 take all reasonable steps to keep all Confidential Information strictly confidential;

8.5.2 use Confidential Information solely as authorised at the time of disclosure; and

8.5.3 not disclose any Confidential Information to any party without the prior written consent of SYSPRO or the third party that has prepared such information.

8.6 You do not acquire any rights in Confidential Information except the limited rights as described in these Terms or elsewhere on this Website.

 

9. Linked third party websites

9.1 SYSPRO may provide links to third party websites on this Website. These links are provided to you for convenience only and SYSPRO does not endorse, nor does the inclusion of any link imply SYSPRO’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content, security practices, privacy policies and operations. SYSPRO cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, SYSPRO’s control. SYSPRO is not responsible for and gives no warranties and makes no representations in respect of the privacy policies or practices of linked or any third party or advertised websites on this Website.

9.2 You agree that SYSPRO shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on this Website. Any dealings that you may have with any linked websites are solely between you and the third party website.

 

10. General disclaimers and indemnity

10.1 You acknowledge that you use this Website and the Content entirely at your own risk and on an “as is” and “as available” basis and that you assume full responsibility and risk of loss resulting from the use thereof.

10.2 While SYSPRO has taken reasonable measures to update the Content and to offer the most current, correct and clearly expressed information possible, SYSPRO cannot be held responsible for any inaccuracies, errors, omissions, misinterpretations or incompleteness.

10.3 SYSPRO does not make any warranties or representations, whether express, implied or statutory:

10.3.1 that this Website or the Content will be available at all times, or will be error-free or that they will meet any particular criteria of performance or quality or that you will be able to access websites linked to this Website at all times;

10.3.2 as to non-infringement of third party rights, merchantability, fitness for a particular purpose, compatibility, security or accuracy;

10.3.3 that any files, downloads, software or applications available via this Website are free of viruses or any other data or code that has the ability to corrupt, damage or affect the operation of your system;

10.3.4 regarding the accuracy of the results or output that you derive from making use of any tools or utilities made available through this Website.

10.4 To the extent permissible by applicable law neither SYSPRO, its affiliates, shareholders, agents, partners, licensors, consultants, officers or employees (“Indemnified Parties”) shall be liable for any loss or damages whatsoever (including, without being limited to, any direct, indirect, special, incidental, consequential, punitive or exemplary damages) howsoever arising (whether in an action arising out of contract, statute, delict/tort or otherwise) related to or resulting from:

10.4.1 the use of, or the inability to access or use, this Website or any of the Content;

10.4.2 the faulty execution of this Website or the malfunctioning of this Website;

10.4.3 the use of or the inability to access or use any linked website;

10.4.4 unauthorized access to or alteration of your Third Party Content, transmissions or data;

10.4.5 statements, messages or conduct of any third party on this Website; or

10.4.6 any other matter relating to this Website or the Content,

even if SYSPRO knows or should reasonably have known of same. Notwithstanding anything to the contrary contained herein, the aforesaid limitations shall not apply in the case of intent or gross negligence by SYSPRO or in the case of SYSPRO’s statutory liability for personal injury.

10.5 To the extent permissible by applicable law you hereby unconditionally and irrevocably indemnify the Indemnified Parties and agree to hold the Indemnified Parties free from any claim or demand, loss, damages and/or costs (including reasonable attorneys’ fees) of whatsoever nature that the Indemnified Parties may suffer or incur or that are instituted against the Indemnified Parties as a direct or indirect result of:

10.5.1 your use of this Website and any of the Content;

10.5.2 any unavailability of, or interruption in, this Website or any of the Content;

10.5.3 your failure to comply with any of these Terms or any other requirements which SYSPRO may impose from time to time or any additional legal terms or SYSPRO’s privacy policy;

10.5.4 your Third Party Content;

10.5.5 your unauthorized use of any of SYSPRO’s Intellectual Property Rights;

10.5.6 your alleged breach of any other rights of a third party;

10.5.7 the actions or requirements of any telecommunications authority or a supplier of telecommunications services or software;

10.5.8 your transmission of information via the internet including, without being limited to, email.

 

11. Breach

11.1 If you:

11.1.1 breach any of these Terms;

11.1.2 in SYSPRO’s sole discretion use this Website in an unauthorized manner; or

11.1.3 breach any statute, regulation, ordinance or law,

SYSPRO is entitled without notice, in addition to any other right or remedy available to SYSPRO at law or under these Terms, including obtaining an interdict/injunction, to limit or deny you use of this Website or to claim specific performance of any of your obligations whether or not the due date for performance has arrived, in either event without prejudice to SYSPRO’s right to claim all loss and damages that SYSPRO incurs or sustains.

11.2 You agree to reimburse SYSPRO all of the reasonable legal costs that SYSPRO incurs, on an indemnity basis, associated with any legal action that SYSPRO pursues against you.

 

12. Notices

12.1 Except as explicitly stated otherwise, any notices shall be given by:

12.1.1 email to webmaster@za.syspro.com (in the case of SYSPRO) or to the e-mail address you have provided to SYSPRO (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid;

12.1.2 registered mail/airmail to, in the case of SYSPRO, the addressed provided on this Website, and, in your case, the address that you have provided to SYSPRO. In such case, notice shall be deemed to have been given 14 (fourteen) days after the date of mailing;

12.1.3 delivery by hand to a responsible person during business hours to, in the case of SYSPRO, the physical address provided on this Website, and, in your case, the physical address that you have provided to SYSPRO. In such case, notice shall be deemed to have been given on the date of delivery.

12.2 You acknowledge that all agreements, notices and other communications required to be given in terms of these Terms may be given via electronic means and that such communications shall be “in writing”.

12.3 Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

 

13. General clauses

13.1 These Terms shall be deemed to be made under the laws of the Republic of South Africa and the construction, validity, interpretation and performance of these Terms as well as any dispute related to or arising from these Terms shall be governed in all respects by the laws of the Republic of South Africa without regard to the principles of conflict of laws and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods. You and SYSPRO hereby submit to the exclusive jurisdiction of the courts of the Republic of South Africa.

13.2 This Website is controlled and administered by SYSPRO from its offices within the Republic of South Africa. Access to this Website from territories or countries where the Content of this Website is illegal is prohibited. You are responsible for compliance with all local laws of the country from which you access this Website.

13.3 In the event that any of the provisions of these Terms are or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by these Terms, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in these Terms and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.

13.4 SYSPRO’s failure to act with respect to a breach by you or others does not constitute a waiver of SYSPRO’s right to act with respect to subsequent or similar breaches.

13.5 You shall not be entitled to cede or assign your rights or delegate your obligations in terms of these Terms to any third party without SYSPRO’s prior written consent.

13.6 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

13.7 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

13.8 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the female and neuter genders and words importing persons shall include partnerships and corporate and unincorporated entities.

13.9 In these Terms “you” is a reference to any juristic entity or individual, including individuals who are registered as users of a juristic entity, who access the Website.

13.10 The termination of your relationship with SYSPRO, for any reason, or the cessation of your use of the Website or the Content shall not affect such of the provisions of these Terms as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this. Such provisions include your obligations relating to SYSPRO’s Intellectual Property Rights and Confidential Information.

13.11 These Terms set forth the entire understanding and agreement between SYSPRO and you with respect to this Website and your access to and use of this Website.

13.12 No provision in these Terms shall be construed against or interpreted to the disadvantage of SYSPRO by reason of SYSPRO having or being deemed to have structured, drafted or introduced such provision.

1. Scope of privacy policy

1.1 This Privacy Policy describes the privacy practices of this website as well as any other SYSPRO websites that include a link to this Privacy Policy. The foregoing are referred to as “Website” in this Privacy Policy.

1.2 Additional privacy related information may be provided for in the Terms of Use applicable to the Website.

1.3 In this Privacy Policy “you” is a reference to any juristic entity or individual, including individuals who are registered as users of a juristic entity, who access the Website.

 

2. Consent

2.1 By using the Website, you consent to SYSPRO’s collection and use of the information as described herein.

2.2 If SYSPRO decides to make changes to this Privacy Policy, SYSPRO will post the changes on this page so that you will always know what information SYSPRO collects and how SYSPRO uses it. Your continued use of the Website automatically binds you to the current version of this Privacy Policy.

2.3 You are required to regularly access this Privacy Policy to keep yourself advised of these changes.

 

3. What information SYSPRO collects about you

3.1 Through your interaction with and use of the Website, SYSPRO may collect Personal Information, which is information that can identify you as an individual or juristic entity or is capable of identifying you. Personal Information does not include general, statistical, aggregated or anonymised information. Personal Information may include, but is not limited to:

3.1.1 your name and physical address, email addresses and telephone numbers;

3.1.2 your payment information;

3.1.3 behavioural or demographic attributes, when tied to personal identifiers;

3.1.4 past transactional behaviour on the Website;

3.1.5 information about your company such as the name, size and location of your company and your role within the company.

3.2 SYSPRO may also collect other information through your interaction with and use of the Website which does not reveal your specific identity or does not directly relate to an individual or juristic entity. This information may include, but is not limited to:

3.2.1 unique IDs such as a cookie placed on your computer, mobile or device IDs;

3.2.2 Internet Protocol address (“IP address”) and information derived from your IP address such as your geographic location;

3.2.3 information about your devices such as information contained in HTTP Headers or other internet transfer protocol signals, browser or device type and version, operating system, user-agent strings and information about your preferred language;

3.2.4 behavioural data about your usage of the Website, such as webpages clicked and content areas visited, content downloaded, date and time of activities;

3.2.5 whether you have received or opened an email that SYSPRO sent you or clicked a link on that email.

3.3 In some instances, SYSPRO may combine other information with Personal Information, such as combining a precise geographical location with your name. If SYSPRO combines other information with Personal Information, SYSPRO will treat the combined information as Personal Information.

 

4. How SYSPRO collects information

4.1 SYSPRO and its third party service providers may collect information from a variety of sources including, without being limited to:

4.1.1 your use of and interaction with SYSPRO through the Website and your activities on the Website;

4.1.2 the use of technologies such as:

4.1.2.1 electronic communication protocols – when you visit the Website, SYSPRO may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type or device type), your IP address (which may identify your general geographic location or company) and date and time. SYSPRO may also automatically receive and record information about your interaction with the Website, such as clickstream information (when each SYSPRO webpage was visited and how much time was spent on the page), how often you access the Website, performance data, aggregate usage or general geo-location data;

4.1.2.2 cookies – is a small piece of information sent by a web server to store information on your web browser so it can later be read back from that browser. Cookies may collect information, including a unique identifier, user preferences, profile information, membership information and general usage and volume statistical information. Cookies may also collect individualized website use data, provide website personalization or conduct and measure the effectiveness of advertising in accordance with this Privacy Policy. You can set your browser to alert you when a cookie is being used and accept or reject the cookie. If you reject or disable a cookie, you may not be able to use certain parts of the Website and it may affect your experience of or interfere with the Website’s features and customization s;

4.1.2.3 flash cookies – they remember the Website’s settings to personalise the look and feel of the Website. Like normal cookies, flash cookies are represented as small files on your computer and can be disabled;

4.1.2.4 embedded URLs – allow limited information to follow you as you navigate the Website, but are not associated with Personal Information and are not used beyond the session;

4.1.2.5 pixels – identify unique user visits for advertising purposes and to provide information on when the e-mail or advert was opened to track marketing campaign responsiveness;

4.1.2.6 widgets, buttons and tools – they are interactive mini-programs that run on the Website to provide specific services from another service provider or that link to other service provider’s services. The widget, button or tool may collect and automatically send Personal Information, such as your e-mail address, or other information, such as your browser information, or IP address, to a third party;

4.1.2.7 analytics tools – these tools may establish your location, track how you use the Website or create a profile of you. This assists SYSPRO to determine which content is the most appropriate to be displayed while you visit the Website, which products and services you are interested in and how you are using the information that is made available to you on the Website;

4.1.3 other data you may have made publicly available, such as social media posts or data provided by third party sources, such as marketing opt-in lists or data aggregator.

 

5. How SYSPRO uses and shares the information

5.1 SYSPRO uses the Personal Information it collects (unless otherwise restricted by applicable law):

5.1.1 to engage in transactions with you and to process your transactions;

5.1.2 to provide you with services, tools, training and support;

5.1.3 to provide you with operational communications;

5.1.4 to notify you about any other information related to SYSPRO’s software and information related to the channel partner program. This may occasionally include information from other business partners about their products and services that can add value to SYSPRO’s products;

5.1.5 to advertise the channel partner programs products and services in accordance with this Privacy Policy. Your website visit, marketing experience and communications may be tailored to your interests based on your Personal Information;

5.1.6 to provide SYSPRO online communities. The Website permits you to participate in interactive discussions, post content and engage in networking activities. SYSPRO does not control the content that users post to these forums. You should carefully consider whether you wish to submit Personal Information to these forums. To manage or remove your Personal Information from our online communities, please send your request to webmaster@za.syspro.com. If SYSPRO is not able to remove your Personal Information, SYSPRO will let you know;

5.1.7 to confirm certain information about your downloading of products from the Website and to provide marketing information about related products and services;

5.1.8 to diagnose problems in respect of the Website, to administer the Website and to gather demographic information;

5.1.9 to help create and personalise content on the Website and to facilitate and improve your use of the Website;

5.1.10 to evaluate and improve our products, services, marketing and channel partner relationships;

5.1.11 to communicate with you about any matters related to the channel partner program, whether they apply generally to all channel partners or specifically to you;

5.1.12 as SYSPRO believes to be necessary or appropriate to protect the health and safety of SYSPRO’s employees and other users of the Website, SYSPRO’s physical and online operations, SYSPRO’s property, SYSPRO’s rights and SYSPRO’s privacy and/or that of SYSPRO’s affiliates, you or others.

5.2 SYSPRO uses and shares the Personal Information it collects (unless otherwise restricted by applicable law):

5.2.1 with third parties who provide services to SYSPRO such as analytics, hosting websites, event/campaign management, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing and other similar services. When SYSPRO shares Personal Information with third party service providers, SYSPRO requires that they use your Personal Information only for the purpose of providing services to SYSPRO and subject to terms consistent with this Privacy Policy;

5.2.2 as SYSPRO believes to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence or business; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence or business, for national security and/or law enforcement purposes; (d) to enforce SYSPRO’s terms and conditions; and (e) to allow SYSPRO to pursue available remedies or limit the damages that SYSPRO may sustain;

5.2.3 in the event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of SYSPRO’s business, assets or shares (including in connection with any bankruptcy or similar proceedings), SYSPRO may transfer the Personal Information SYSPRO has collected to the relevant third party.

5.3 Some of the Personal Information uses specified above are not mandatory and may be controlled by you by setting use preferences or electing to opt-out, however your decision to do so may affect your use of the Website.

5.4 SYSPRO does not sell or rent your Personal Information to third parties for any purpose.

5.5 SYSPRO may use, transfer and disclose other information, which is not Personal Information, that SYSPRO collects for any purpose, except where applicable law requires otherwise.

 

6. Third party information

6.1 If you share any Personal Information with SYSPRO that relates to another person (“Data Subject”) you warrant and undertake to and in favour of SYSPRO that:

6.1.1 you are in lawful possession and control of the Personal Information and that you have the consent of the Data Subject to allow SYSPRO to collect, collate, process, store, transfer and in any other manner use such Personal Information;

6.1.2 the Data Subject has consented to the Data Subject’s Personal Information being collected, collated, processed, stored, transferred and used in a country that is different to the Data Subject’s country of residence or business;

6.1.3 you will promptly inform SYSPRO in the event that a Data Subject withdraws the aforementioned consent;

6.1.4 SYSPRO shall not be responsible for ensuring the correctness or accuracy of the Personal Information.

6.2 You indemnify, defend and hold SYSPRO harmless from and against any and all claims, demands, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, awards, costs, expenses and fees (including legal costs on an indemnity basis) that may be sustained, suffered or secured against or incurred by SYSPRO arising out of or resulting from:

6.2.1 SYSPRO’s lawful processing of a Data Subject’s Personal Information;

6.2.2 the Personal Information not being correct or accurate; or

6.2.3 your breach of the above provisions.

 

7. Access, correction and profile updates

7.1 SYSPRO relies on you to help keep the Personal Information that you have shared with SYSPRO accurate and up to date.

7.2 You may request to review, correct, update, suppress or otherwise modify any of your Personal Information that you have previously provided to SYSPRO through the Website or object to SYSPRO’s use or processing of such Personal Information.

7.3 You have the ability to update your profile and related Personal Information at any time. Should you need SYSPRO’s assistance in this regard, please contact SYSPRO at webmaster@za.syspro.com.

 

8. Retention and deletion

8.1 The time periods for which SYSPRO keeps your Personal Information may vary according to the use or purpose attached to the Personal Information. Unless there is a specific legal requirement requiring SYSPRO to keep your Personal Information, SYSPRO will not keep it for longer than necessary for the purpose for which the Personal Information was collected or for which it is to be processed.

8.2 At the end of the retention period, SYSPRO will delete your Personal Information in a manner designed to ensure that it cannot be reconstructed or read.

 

9. Security

9.1 SYSPRO uses reasonable safeguards that are designed to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction. In addition, SYSPRO uses standard security protocols and mechanisms to exchange the transmission of sensitive data. When you enter sensitive Personal Information, SYSPRO encrypts it.

9.2 Notwithstanding the above, despite our efforts, no security controls are 100% effective and SYSPRO cannot guarantee the security of your Personal Information. In the event that your Personal Information is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, SYSPRO will give you notice promptly. SYSPRO will determine the scope of the breach and investigate and restore the integrity of the data system.

 

10. Cross-border transfer

Your Personal Information may be transferred, accessed, processed and stored globally as necessary in compliance with applicable laws. In some of these countries, such as the United States, the privacy protections and rights of authorities to access Personal Information may not be equivalent to those applicable to your country of residence or business.

 

11. Links to other sites

The Website may contain links to websites of other parties. SYSPRO is not responsible for the privacy practices or the content of such other websites. Therefore, you must carefully read the privacy statements of such websites.

 

12. Note about children

Minors are not eligible to use the Website and SYSPRO requests that they do not submit any Personal Information to SYSPRO. If you believe that SYSPRO has mistakenly or unintentionally collected Personal Information of a minor through the Website, please notify SYSPRO at webmaster@za.syspro.com so that SYSPRO may immediately delete the information from SYSPRO’s servers and make any other corrections.

 

13. Sensitive information

You undertake not to send or share with SYSPRO any sensitive Personal Information (such as information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership).

 

14. Disputes

14.1 If you have any complaints regarding SYSPRO’s compliance with this Privacy Policy, you should first contact SYSPRO. SYSPRO will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with this Privacy Policy

14.2 This Privacy Policy shall be deemed to be made under the laws of the Republic of South Africa and the construction, validity, interpretation and performance of this Privacy Policy as well as any dispute related to or arising from this Privacy Policy shall be governed in all respects by the laws of the Republic of South Africa without regard to the principles of conflict of laws and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods. You and SYSPRO hereby submit to the exclusive jurisdiction of the courts of the Republic of South Africa.

 

15. General clauses

15.1 In the event that any of the provisions of this Privacy Policy are or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by this Privacy Policy, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in this Privacy Policy and severed from the balance of this Privacy Policy, without invalidating the remaining provisions of this Privacy Policy or affecting the validity or enforceability of such provision in any other jurisdiction.

15.2 SYSPRO’s failure to act with respect to a breach by you or others does not constitute a waiver of SYSPRO’s right to act with respect to subsequent or similar breaches.

15.3 You shall not be entitled to cede or assign your rights or delegate your obligations in terms of this Privacy Policy to any third party without SYSPRO’s prior written consent.

15.4 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

15.5 The head notes to the paragraphs to this Privacy Policy are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

15.6 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.

15.7 The termination of your relationship with SYSPRO, for any reason, or the cessation of your use of the Website shall not affect the provisions of this Privacy Policy as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this.

15.8 This Privacy Policy sets forth the entire understanding and agreement between SYSPRO and you with respect to the subject matter hereof.

15.9 No provision in this Privacy Policy shall be construed against or interpreted to the disadvantage of SYSPRO by reason of SYSPRO having or being deemed to have structured, drafted or introduced such provision.