Legal

Privacy Policy

INTRODUCTION TO THIS PRIVACY POLICY
1. Last updated on 16 November 2023.
2. This privacy notice applies to you if you are a South African resident and you publish information on publicly available websites (X (formerly Twitter), Meta (Instagram, Facebook), Reddit etc.) that we collect data from.
3. This notice sets out the basis upon which we process your Personal Information (being data/information that identifies you) and meets the requirements of the Protection of Personal Information Act 4 of 2003, including any regulations or codes of conduct promulgated under it (“POPI”). In this policy “Personal Information” (and is used interchangeably with “Personal Data”), and “process” bears the meaning as set out in POPI.
4. In this policy, reference to “Data Protection Laws” means any statutes, laws, legislation, regulations or binding policy, code of any government authority that relates to the security and protection of personally identifiable information, data privacy, trans-border data flow or data protection in force from time to time in the Republic of South Africa, including but not limited to POPIA, Electronic Communications and Transactions Act 25 of 2002, Promotion of Access to Information Act 2 of 2002, and/or any equivalent legislation of other jurisdiction(s) where Personal Information is being processed or where a party is obliged to comply with, including, where applicable, EU Data Protection Laws [General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data, as amended, replaced or superseded from time to time.
5. All the Personal Information we process is publicly available being information you have chosen to publish online, or information which you have sent via “Direct Message” – namely any message you send to our customers whether via social media platforms, bots or artificial intelligence, email or SMS.
WHO ARE WE?
1. We are DataEQ Consulting (Pty) Limited, and we trade as DataEQ (“we” or“us”). Our company registration number is 2015/239183/07. If you have any questions about this privacy policy or our privacy practices, please contact: privacy@dataeq.com.
2. The DataEQ Group is made up of different legal entities, including DataEQ Limited, (a company incorporated in the United Kingdom), DataEQ (Pty) Limited and DataEQ Consulting (Pty) Ltd (both of which are incorporated in South Africa).
3. In addition to whatever rights you have via your relationship with any publishing platform, you also have certain rights relating to your data that we collect, process, store and retain, as set out in this policy. You have the right to make a complaint at any time to the Information Regulator. The contact details of the Information Regulator are available on its website at https://justice.gov.za/inforeg/. We would, however, appreciate the chance to deal with your concerns before you approach the Information Regulator so please contact us in the first instance.
WHY WE COLLECT PERSONAL INFORMATION AND FROM WHAT SOURCES
1. We collect information, content, and communications that you, as an "author," provide or share via a social media platform, blog, forum, our website, and/or news site. We get data via search crawling or by contracting directly with content providers and data resellers to gain access to data from them. This data is then redacted, collected, indexed, and stored in our database.
2. The data that you, as an author, share will be Personal Information if it identifies you, including but not limited to, for example, your name in connection with the username of your Meta or X (Twitter) profile along with the profile picture is set to public on your user profile privacy settings.
3. We offer access to our database, as well as analytics of the data within that database, to customers (our “Services”). This allows our customers to learn more about their brand, their consumers, their competitors, and act with more certainty in their marketing decisions.
4. Through rendering Services to our customers, we may also gain access to “Direct Messages”.
5. We may collect, use, store, and transfer different kinds of information which you post or make publicly available online, through your social networks, via our website, and/or via Direct Messages, including but not limited to the following platforms and sources:
  1. Meta (Facebook, Instagram);
  2. X (formerly Twitter);
  3. Google;
  4. Linkedin;
  5. Youtube;
  6. Vkontakte;
  7. Blogs & Blog comments;
  8. Mainstream news sources;
  9. DataEQ website; and
  10. Forums
6. The data referred to in paragraph 3.5 above that we collect or that is collected by our customers through us will be referred to as “Social Data” throughout this policy.
7. Where you have chosen to connect your social networks to a third-party service such as Google (https://policies/google.com/terms), you are agreeing to provide Social Data under their respective terms and privacy policies to which you would be bound.
8. We work with third parties, such as Webhose who collect data from the platforms listed in paragraph 3.5.
9. We process data using a proprietary mix of algorithms, human crowd sourcing and artificial intelligence to determine relevance, sentiment, topics, themes and trends.
10. We are engaged by our customers as a service provider and processor to provide the Services. If our customers access any third-party services via our platform which includes the processing of data through our products, our customers are responsible for ensuring that they do so in compliance with the law, and such use shall be governed by the terms of our customer agreements and the terms of use and privacy policies of such third-party services (including but not limited to X (Twitter) terms of services).
THE INFORMATION WE COLLECT
1. From the Social Data, it can sometimes infer sensitive information such as sexual orientation, race, gender or health. We do not look at multiple posts in combination, and our algorithms analyze each of your posts individually. Any content you publish may include references to your age, gender, or other personal characteristics or circumstances.
2. We also collect, use and share Aggregated Data such as: (i) statistical data; (ii) demographic data; and (iii) data which, if it were not anonymized, would constitute Special Personal Information (as defined in POPI), including data relating to health, political opinions and religious or philosophical beliefs, but which is anonymized and aggregated. Aggregated Data may be derived from your Social Data but is not considered Personal Information in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your data to calculate a political opinion, sentiment towards a specific brand or customer experience values in a specific industry or sector. However, if we combine or connect Aggregated Data with your Social Data so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be processed in accordance with this privacy policy and all applicable Data Protection Laws.
3. Social Data we process may include:
  1. your name, username, handle, or other identifier;
  2. the content of the information you have published via that name, username, handle, or other identifier, including comments, expressions, opinions, posts, preferences, beliefs etc.
  3. your profile picture or other images or videos that you post or interact with;
  4. your approximate location;
  5. the content of your posts on Social Media Platforms, including your opinions, preferences and beliefs;
  6. your non-private communications with other users of Social Media Platforms on such Social Media Platforms;
  7. audio/Visual Information: your profile picture or other images or videos that you post or interact with;
  8. employment Information: your job title or profession (including category of profession, for example “journalist”);
  9. demographic Information: your interests and gender; and
  10. geolocation Information: your location.
4. We do not knowingly collect or share:
  1. except in the form of Aggregated Data (please see reference to data that we infer – paragraph 4.2), any Special Categories of Personal Information about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data);
  2. any information about criminal convictions and offenses.; or
  3. any information relating to children under the age of 13.
5. We are committed to respecting the privacy of children online. If we learn that our systems have inadvertently collected information relating to children under the age of 13, we will promptly delete the information, notify the necessary customer representatives to facilitate a consultation on how this data was collected and put measures in place for it not to happen again.
HOW WE USE YOUR PERSONAL INFORMATION
1. We principally use each of the categories of your Personal Information referenced above and other information to offer our Services to our customers.
2. We may also use Personal Information for the following purposes:
  1. to better understand user’s behavior to further improve our offerings to our customers;
  2. in respect of our customer relationship management (“CRM”) and marketing of our Services to users;
  3. direct communications from us to you in respect of our offerings;
  4. to understand your interests and preferences in relation to our platforms;
  5. in the course of sharing job ads on our platforms;
  6. in the course of responding to job ads on third party platforms, such as LinkedIn etc;
3. We do not use algorithms to make automated decisions about you in violation of applicable law or in a way that produces a significant legal effect. In other words, we only make data (inferred or not) and analytics available to our customers. Our legal basis for this type of data processing is that we have a legitimate interest in running our business and providing our Services to our customers.
4. Whenever we process data that has special category Personal Information in it, we do so only because you have voluntarily made that information public by disclosing publicly the information in question. In addition to our uses of your Personal Information, our customers also have a legitimate interest in accessing this data in order to understand their customer base and engagement with their brands.
5. We also use each of the categories of Personal Information referenced above in ways related, but ancillary, to the Services that we offer. For example, we may use data to:
  1. improve our Services;
  2. provide product and operational improvements and introduce new features, including the marketing of products and features;
  3. communicate with you;
  4. comply with our legal obligations;
  5. enforce our rights, including the legal obligations or enforcement of rights of third parties.
6. The legal basis for processing the Personal Information in paragraph 5.4 is legal obligation or legitimate interests.
7. Please note that we will promptly delete all your Social Data that we have received from a particular Social Media Platform if we stop collecting data from such Social Media Platform
HOW LONG WE WILL KEEP YOUR INFORMATION
1. We review our data retention periods regularly and will only hold your Social Data for as long as is necessary for the relevant activity, or as required by law (we may be legally required by third parties such as our insurers to hold some types of information for minimum time periods). Any request you make to delete cannot override these obligations
2. If you request that we delete your Personal Information,
  1. we will delete your data from our system, provided it is not in contravention of any laws, or current legislation;
  2. please be aware that if your data is still published on the public sources we pull data from so you will need to remove it from there also.
3. Details of retention periods for different categories of your Personal Information are set out in our retention policy which is available on request. When we decide the appropriate retention period for Personal Information, we consider our legal and compliance obligations, the nature and sensitivity of the Personal Information including the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means.
SHARING OF YOUR DATA
1. In addition to sharing your Personal Information with our customers, we may share your Personal Information with any member of our company group (i.e. our subsidiaries, parent companies, and affiliates).
2. We may share your Personal Information with selected third parties, including our business partners, customers, suppliers, contributors/crowd and sub-contractors, for the performance of any contract we enter into with them. We may also share your data with analytics, search engine and artificial intelligence providers that assist us in the improvement of our website, systems and Services.
3. We may also disclose your Personal Information to other third parties. For example, if we sell or buy any business or assets, we may disclose your data to the prospective seller or buyer of such business or assets. Alternatively, if we or substantially all of our assets are acquired by a third party, your data may be part of the transferred assets.
4. If any third party processes any of your data, we ensure there are sufficient contractual and operational safeguards protecting your data.
5. In respect of your Social Data, we will not:
  1. sell, licence or purchase any Personal Information obtained from Social Media Platforms;
  2. proxy, request or collect your usernames or passwords for Social Media Platforms;
  3. share your user IDs for Social Media Platforms with service providers who build or run any of our apps. Your user IDs for Social Media Platforms will be kept secure and confidential; and/or
  4. use friends or connections data from Social Media Platforms to establish social connections in our apps, unless you have granted you access to that information
DATA SECURITY
1. We have put in place appropriate security measures to prevent your Social Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. This includes:
2. The servers that hold your data have administrative, technical, and physical controls to safeguard your data, including industry-standard encryption technology.
TRANSFERS OUTSIDE OF SOUTH AFRICA AND THE EEA
1. Other companies in the DataEQ group of companies which are based in South Africa, the United Kingdom and Dubai process data inside the DataEQ system and platform with the data remains at all times in our data centre which is based in Germany (within the EEA).
2. Many of our external third parties, such as customers and crowd members are based outside the European Economic Area (EEA). The data remains on our system, and is only accessible through our platform or app. This is a restricted transfer and in this regard we follow the requirements of UK GDPR.
3. If we transfer your Personal Information outside of South Africa, the European Economic Area or the United Kingdom, we will take steps to ensure that adequate safeguards are in place to protect your Personal Information and to make sure it is treated securely. You may contact us for a summary of the safeguards which we have put in place to protect your Personal Information and privacy rights in these circumstances.
YOUR PRIVACY CHOICES
1. You are always in control of your Personal Information. Paragraph 11 below sets out how you can exercise control over the Personal Information we process but please always note that as an author you:
  1. are the source of the data and have control under the user profile privacy settings of each platform you interact with and can at any time restrict any of this information appearing in the public domain in accordance with the terms of the relevant platform;
  2. create the Social Data and have direct control over what you decide to post publicly online;
  3. can always review the privacy settings available on all platforms you use to publish content online, including making your profile private;
  4. should read the privacy statements provided by the platforms you publish content on.
YOUR RIGHTS
1. Under Data Protection Laws, you have the following rights in connection with your Social Data, which can be exercised in certain circumstances:
  1. Request access to your Personal Information (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Information we hold about you and to check we are lawfully processing it;
  2. Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
  3. Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have exercised your right to object to processing (see below);
  4. Object to processing of your Personal Information where we are relying on a legitimate interest (or those of a third party). You also have the right to object where we are processing your Personal Information for direct marketing purposes;
  5. Request the restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of Personal Information about you, for example if you want us to establish its accuracy or the reason for processing it;
  6. Request the transfer of your Personal Information to another party. We will provide to you, or a third party you have chosen, your Social Data in a structured, commonly used, machine-readable format; and
  7. Withdraw your consent where we are relying on consent to process your Personal Information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you.
2. If you would like to exercise any of your rights above, please contact us at privacy@dataeq.com and provide us with your full details (including name, telephone number, address and email and the precise nature of your request and/or grievance.
3. Only you, or a person you have authorized to act on your behalf, may make a request related to your Personal Information. You may also make a verifiable request on behalf of your minor child or ward. If you submit a request through an authorized agent, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.
4. In order to protect your Personal Information, we may ask you or your authorized agent to provide additional Personal Information so that we can verify your identity. Any information that you provide will only ever be used as part of the process to confirm your identity and complete your request. In order to protect your Personal Information, if we cannot verify your identity, we will not be able to comply with your request.

CHANGES TO OUR PRIVACY POLICY

Any changes we make to our privacy policy in the future will be posted on our website and, where appropriate, displayed on our premises notified to you by e-mail.

CHOICE OF LAW

This privacy notice shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

CONTACT US

We have appointed Nic Ray as our data protection representative who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact Nic Ray using the details set out below:

Data Protection Representative: Nic Ray

Email address: privacy@dataeq.com

Postal Address:
2nd Floor
97 Durham Avenue
Salt River
Cape Town
7700
South Africa

DataEQ Terms and Conditions

DEFINITIONS
1. “Agreement” means this agreement between DataEQ Consulting and the Client, incorporating both the Order Form and any annexures thereto as well as the terms and conditions set out in this document.
2. “BrandsEye” means DataEQ (Pty) Ltd (Registration Number 2011/000295/07), who the Parties acknowledge is the owner and licensor of the DataEQ Proprietary Materials and the DataEQ Products.
3. “DataEQ Analyse” means the DataEQ online monitoring software product, as more fully described in Annexure A to the Order Form, and as may be modified, updated, upgraded or revised by DataEQ from time to time.
4. “DataEQ API” means the DataEQ application programming interface, as modified, updated, upgraded or revised by DataEQ from time to time.
5. “DataEQ Consulting” means DataEQ Consulting (Pty) Limited (Registration Number 2015/239183/07), who is the licensee of the DataEQ Proprietary Materials and DataEQ Products and the service provider party in terms of this Agreement;
6. “DataEQ Engage” means the DataEQ Product, as more fully described in Annexure A to the Order Form and as modified, updated or revised by DataEQ from time to time.
7. “DataEQ Explore” means the DataEQ Product, as more fully described in Annexure A to the Order Form and as modified, updated or revised by DataEQ from time to time.
8. “DataEQ Products” means those DataEQ products which are offered by DataEQ Consulting to the Client in terms of this Agreement, as more fully described in Annexure A to the Order Form and which may include DataEQ Analyse, DataEQ Explore, DataEQ Engage and any other services and/or products that DataEQ Consulting may from time to time provide to the Client.
9. “DataEQ Proprietary Materials” includes all websites, programmes, software, source codes, methodologies, products, data, documents and any other materials licensed to DataEQ Consulting by DataEQ in order to provide the Services (including without limitation, the DataEQ Products and DataEQ API, where applicable).
10. “Client” means the person, firm or company whose name appears on the Order Form, who has engaged DataEQ Consulting to render the Services.
11. “Client Data” means any information furnished to DataEQ Consulting by the Client which is or is intended to be processed by computer or manually, to be analyzed, viewed and assessed by DataEQ Consulting and which specifically includes but may not be limited to Personal Information, but which excludes Raw Data or Public Data collected by DataEQ Consulting and/or the Client in provision of the Services and/or through the DataEQ API;
12. "Commencement Date" means the date stipulated in the Order Form being the date on which the Services will commence.
13. “Contributors” means the various individuals engaged by DataEQ to utilise the DataEQ “crowd” platform for purposes of analysing and processing the relevant Mentions content provided to them by DataEQ (e.g. mentions made by members of the public about the Client and/or about the Client’s competitors), in order that the Enriched Data and/or reports provided to the Client are comprehensive and contain useful insights suited to the Client’s requirements (as communicated by the Client to DataEQ Consulting, from time to time).
14. “Data” means any data supplied, stored, collected, collated, accessed or processed by or for the benefit of the Client, including personal information or personal data as defined under the Data Protection Laws, in South Africa and any other jurisdiction where the Services are provided.
15. “Data Protection Laws” means any statutes, laws, legislation, or regulations or binding policy, code of any government authority that relates to the security and protection of personally identifiable information, data privacy, trans-border data flow or data protection in force from time to time in th Republic of South Africa, including but not limited to The Protection of Personal Information Act of 2013 (“POPIA”), Electronic Communications and Transactions Act 25 of 2002, Promotion of Access to Information Act 2 of 2002, and/or any equivalent legislation of other jurisdiction(s) where Personal Information is being processed or where a party is obliged to comply with, including, where applicable, EU Data Protection Laws [General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of national persons with regard to the Processing of Personal Data and on the free movement of such data, as amendmed, replaced or superseded from time to time;
16. “Data Subject” has the meaning ascribed to it in POPIA to whom the specific Personal Information relates;
17. “Deliverables” shall mean the outcome of the Services delivered to the Client by DataEQ Consulting, namely the insights analysis and may also include analyst reports (if set out in the Order Form), but in all instances excludes the Raw Data which is being reported on and/or analysed itself and the Enriched Data (which is subject to a licence in terms of clause 9).
18. “Direct Message/s” means the messages sent by customers of the Client and other individuals directly to the Client using the channels provided or made available by the Client for such purpose (such as, inter alia social media platforms, bots or artificial intelligence, email or SMS).
19. “Enriched Data” means Raw Data (and more specifically the Mention) that has been analysed by the Contributors, the purpose of which is to enrich the Raw Data in accordance with the Client’s requirements as specified in the Order Form.
20. “Essentials” means the product tier of DataEQ Consulting that refers to the sourcing of the Raw Data, which includes a relevance check;
21. “Group” means any holding, subsidiary and/or affiliated companies of DataEQ Consulting, which includes DataEQ (Pty) Ltd (both of which are incorporated in South Africa) and DataEQ Limited (incorporated in England and Wales);
22. “IP Rights” means all patents, copyrights, design rights, trade marks, service marks, trade secrets, trade, business and domain names, rights in trade dress or get-up, rights in designs, rights in computer software, database rights, moral rights, rights in confidential information (including know-how and trade secrets), and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world.
23. “Mentions” means any individual comment by an individual author related to the Client (or its competitors, as the case may be) which are monitored, assessed and/or analysed as part of the Services.
24. “Order Form” means the order form between the Client and DataEQ Consulting describing, inter alia, the Services, the term of this Agreement, the Client’s information, and the applicable fees payable by the Client to DataEQ Consulting, in respect of the Services.
25. “Parties” means the Client and DataEQ Consulting and “Party” means either one of them as the context requires.
26. “Personal Data” or “Personal Information” means data/information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to –
  1. information relating to the race, gender, sex, pregnancy, marital status, national, ethic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  2. information relating to the education or the medical, financial, criminal or employment history of the person;
  3. any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;
  4. the blood type or any other biometric information of the person;
  5. the personal opinions, views or preferences of the person;
  6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or
  7. further correspondence that would reveal the contents of the original correspondence;
  8. the views or opinions of another individual about the person; and
  9. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.
27. “Public Data” means information which is generally available to the public and which may be collected by DataEQ Consulting and/or any information furnished to DataEQ Consulting by the Client which is or is intended to be processed by computer or manually, to be analyzed, viewed and assessed by DataEQ Consulting, and which is not protected from disclosure to third parties.
28. “Raw Data” means data relating to the Client and/or Mentions that DataEQ Consulting collects from public sources such as Twitter, Instagram, Facebook, YouTube, LinkedIn, online press sites, blogs and forums which Raw Data is then analysed by DataEQ Consulting as part of the Services and may include Direct Messages.
29. “Sentiment” means the positive, negative or neutral sentiment towards the relevant brand, as determined by DataEQ;
30. “Sentiment Analysis” refers to the process used by DataEQ using its analytics tool “Analyse” which uses a combination of crowd sourced human intelligence (in the form of Contributors) and artificial intelligence to understand the Sentiment of authors on social media;
31. “Segments” means, depending on the context, the stage of the customer journey, the customer channel, the risk factor, or some other bounded set of classifications associated to the relevant Mentions as derived by the Contributors.
32. “Services” means the services to be provided (and, to the extent applicable, the DataEQ Products to be delivered) to the Client by DataEQ Consulting, as stipulated in the Order Form.
33. “Social Media User Engagement” refers to access to DataEQ’s ticketing and priority tool known as DataEQ Engage, which allows DataEQ’s Consulting’s clients to respond to queries, comments or questions from the public through social media channels;
34. “Topics” means the topic associated to the relevant Mentions as derived by the Contributors, based on the data sample size variations and parameters that are automatically set by DataEQ’s system.
BASIS OF AGREEMENT
1. The Client has engaged DataEQ Consulting to provide the Services stipulated in the Order Form and to be rendered in accordance with the terms of this Agreement.
2. The Agreement constitutes the entire agreement between the parties. The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of DataEQ Consulting which is not set out in this Agreement.
3. This Agreement applies to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing, in respect of DataEQ Consulting’s provision of the Services.
4. The Client acknowledges and accepts that DataEQ is the owner and licensor of the DataEQ Proprietary Materials and DataEQ Products which are under licence to DataEQ Consulting, and that certain undertakings and benefits of this Agreement are given in favour of both DataEQ Consulting and DataEQ. The Parties agree that where any provision of this Agreement constitutes a stipulatio alteri (stipulations for the benefit of a third party) in favour of DataEQ, DataEQ shall be entitled at any time to accept such benefit on written notice to the Parties, notwithstanding that DataEQ is not a party to this Agreement and that DataEQ shall have no liability to the Client in terms of this Agreement.
5. Except to the extent otherwise stated in the Order Form, any estimate, offer or quote contained in the Order Form shall only be valid for a period of 30 days from its date of issue.
6. This Agreement will continue to bind the Client and DataEQ Consulting until the expiry or termination date stipulated in the Order Form, unless terminated earlier in accordance with the terms of this Agreement. Those provisions that are intended to survive the termination of the Agreement will continue to be effective.
PROVISION OF SERVICES AND USE OF DataEQ PRODUCTS
1. Subject to the disclosures in clause 3.11, DataEQ Consulting shall supply the Services with due care, skill and diligence and from the Commencement Date for the period specified in the Order Form, unless terminated earlier in accordance with this Agreement (“the Term”).
2. The Order Form will stipulate the applicable DataEQ Product and also whether or not the DataEQ API is included. Reference to the DataEQ API in these Terms and Conditions shall only apply to the Client to the extent that the DataEQ API is applicable to that Client. In certain instances, the Client may, after the Commencement Date, request that DataEQ API access be included, in which event, those provisions relating the DataEQ API shall then automatically apply.
3. DataEQ Consulting further grants to the Client a non-exclusive, limited, non-assignable, non-transferable sub-licence to use the DataEQ Products (as specified in the Order Form) via the website www.BrandsEye.com (or such other domain as DataEQ may notify the Client in writing from time to time) and the DataEQ API (if, applicable as set out in the Order Form), for the Term and specifically for the purpose of enjoying the use and benefit of the Services, provided that the Client complies with these Terms and Conditions, and the privacy policy as set out on the DataEQ website.
4. All use of the DataEQ Product/s and the DataEQ API and content, documentation, code, and related materials made available to the Client is subject to and must comply with this Agreement.
5. In relation to the DataEQ API, the Client is required to obtain prior written approval from DataEQ for its intended use of the DataEQ API, which approval shall not be unreasonably withheld.
6. The provision of the DataEQ API service by DataEQ is dependent on the uptime of its third party providers. DataEQ Consulting shall not be responsible for any interruptions and/or outages of the provision of the DataEQ API service due to such third party providers. DataEQ Consulting will use its best efforts to –
  1. notify the Client in the event of an outage caused by a third party provider; and
  2. restore service to an affected Client.
7. DataEQ’s agreement with Twitter (“the Twitter Agreement”) is integral to DataEQ Consulting being able to render the Services. In terms of the Twitter Agreement, DataEQ Consulting is obliged to ensure compliance by all end users (which in this instance would include the Client) with Twitter’s Terms of Service located at http://twitter.com/tos, the Twitter privacy policy located at http://twitter.com/privacy and the Twitter rules located at http://twitter.com/rules (“hereinafter collectively referred to as the “Twitter Terms”). The Client is therefore obliged to comply with and undertakes to DataEQ Consulting that it shall use its utmost and best endeavours to ensure its adherence to the Twitter Terms.
8. The Client acknowledges that, with regards to Twitter content specifically as provided by or access through DataEQ, the Client is entitled to download Raw Data for purposes of analysis and formulating its insights during the term of the Agreement, but the Client does not at any time obtain ownership of the Raw Data and shall be obliged to delete such Raw Data on termination for whatsoever reason of the Contract.
9. The Client is strictly prohibited from aggregating, caching or storing location data or any geographic information contained in Twitter information on a standalone basis and may only do so conjunction with a tweet to which it is attached.
10. The Client is prohibited from displaying tweets in or on a publicly accessible website or application, unless done in strict compliance with the Twitter Terms Display Requirements and other relevant provisions as set out in the Twitter Terms.
11. The Client warrants to DataEQ Consulting and to DataEQ that it will comply with clauses 3.7 to 3.10 and fully indemnifies DataEQ Consulting, its directors, members and representatives for any losses of whatsoever nature caused by the Client’s breach of any of the warranties set out in this clause 3.
12. The Client acknowledges that it shall not obtain ownership of or licence to any data that is proprietary to DataEQ or DataEQ Consulting or third party, including any Personal Information, obtained through the use of the Services. The Client acknowledges that it shall not obtain ownership of any Intellectual Property rights in the DataEQ Products. The Client shall only own the Deliverables that it derives from the Raw Data through the provision of the Services.
13. The Client shall for the duration of the Term, have access to all Raw Data to which it is entitled to obtain under this Agreement and in relation to the Term, which right of access shall terminate on the termination for whatsoever reason of this Agreement.
14. If after the Term, the Client wishes to access any Raw Data relating to a particular period of the Term, DataEQ Consulting shall be entitled to charge the Client separately for access to such Raw Data in accordance with its usual rates, due to the fact that DataEQ Consulting would incur costs in accessing such Raw Data on behalf of the Client.
15. In the event of the Agreement being terminated by either party, the Client undertakes to immediately delete all Raw Data and/or Personal Information cached subject to its right to retain the Deliverables provided in terms of this Agreement.
16. The Client shall be granted fair use of the DataEQ API. DataEQ Consulting reserves the right to limit the number and/or frequency of API requests in its sole discretion. Should DataEQ Consulting be of the opinion that the Client has attempted to exceed or circumvent the rate limits, access to the DataEQ API may be temporarily or permanently blocked by DataEQ Consulting, with reasonable prior written notice, and without DataEQ Consulting becoming liable to the Client or any other third party.
17. DataEQ reserves the right to make changes to the DataEQ Products and/or the DataEQ API from time to time. In the event of changes which may interrupt access, DataEQ shall use its best efforts to notify the Client at least 5 (five) business days before such changes go live. Support for older versions of the DataEQ API will not be guaranteed by DataEQ.
18. The Client undertakes and warrants to DataEQ Consulting that in relation to any Raw Data and/or Personal Information obtained from DataEQ Consulting pursuant to the Services, it shall not, and shall not permit any other party to -
  1. sell or licence or grant rights to such Raw Data, Enriched Data, and/or to Personal Information so obtained, to any third parties;
  2. use such Raw Data, Enriched Data, and/or Personal Information so obtained for commercial purposes (other than for the specific purpose provided for in the Order Form);
  3. disseminate such Raw Data, Enriched Data, and/or Personal Information;
  4. sell access to such Raw Data, Enriched Data, and/or Personal Information;
  5. permit unauthorised access to such Raw Data, Enriched Data, and/or Personal Information;
  6. use such Raw Data and/or Enriched Data, including specifically Personal Information, in any way that violates this Agreement or Data Protection Laws, or which infringes the rights of any third party and will not authorise or permit any other person to do so; and/or
  7. use such Raw Data, Enriched Data, and/or Personal Information so obtained for any negative or unfairly discriminatory purposes or to harass and/or target individuals and/or groups.
19. The Client is responsible for maintaining the confidentiality of any account and password assigned to it by DataEQ Consulting (where applicable) in respect of DataEQ Products and/or DataEQ API and for preventing access to any computer used by DataEQ Consulting to prevent unauthorised access to such account. The Client accepts responsibility for all activities that occur under its account or password. The Client shall take all necessary steps to ensure that the password is kept confidential and secure and shall inform DataEQ Consulting immediately if it has any reason to believe that the Client’s password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
20. DataEQ makes the following disclosures about the Services, which disclosures are intended to qualify and limit any and all warranties, undertakings and/or representations given in relation to the Services:
  1. DataEQ Consulting does not guarantee or warrant precise levels of accuracy of the Raw Data collected and assessed and/or the Enriched Data, as part of the Services;
  2. DataEQ Consulting does not give any guarantees or undertakings that the Raw Data gathered and the insights and information provided to the Client as part of the Services (including the Enriched Data) will have certain outcomes if applied by the Client in practice;
  3. DataEQ Consulting has no control over the outcomes of decisions made by the Client which were made based on the Services and DataEQ Products and therefore cannot be held responsible therefor;
  4. DataEQ Consulting is not able to and does not guarantee 100% coverage of the Raw Data sources i.e. it will not Data Track 100% of the Mentions published in the sources;
  5. DataEQ Consulting cannot and does not guarantee that the Client has exclusive access to and use of, the Raw Data and/or Enriched Data (although the Client will have non-exclusive use of its Enriched Data in accordance with the licence granted to it in clause 9); and
  6. DataEQ Consulting has no control over any decisions made and/or actions taken by Client competitors who may also make use of DataEQ Consulting’s Services and the DataEQ Products and therefore DataEQ Consulting will not be liable therefor.
CHARGES AND PAYMENT
1. The fee for the Services (which includes the royalty for the licence granted under clause 3.3) is set out in the Order Form and, unless indicated otherwise, is quoted in South African Rands and is exclusive of VAT, sales taxes and/or any other applicable taxes.
2. The Client shall pay the fee(s) for the Services in the manner and at the time(s) or within the number of days (as the case may be) stipulated in the Order Form. Where the fee(s) is payable in instalments (as stipulated in the Order Form), the Client shall pay each instalment in the manner and at the time(s) or within the number of days (as the case may be) stipulated in the Order Form. Where no payment terms are stipulated in the Order Form, payments shall be due within 30 (thirty) calendar days from the date of invoice.
3. All payments due to DataEQ Consulting must be made without deduction or set-off and of immediately available funds.
4. Interest on all overdue payments under this Agreement shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% above the rate that the Standard Bank of South Africa charges on its prime overdraft facilities from time to time, which interest shall be calculated daily, compounded monthly and payable by the Client to DataEQ Consulting on demand.
5. Without derogating from DataEQ Consulting’s right to terminate the Agreement in accordance with the provisions of this Agreement, in the event of any late payments, where DataEQ Consulting has requested payment from the Client and payment is still outstanding 7 (seven) calendar days from the date of such request, DataEQ Consulting shall be entitled without further notice to suspend the Services and any access to the DataEQ Products and DataEQ API (where applicable) and shall not be liable to the Client or any other party in relation to such suspension as a result of the Client’s late payment.
6. All fees and charges for any other services provided by DataEQ Consulting, including access to data after the Term, or for travel costs or disbursements, which are not specifically included in the Order Form will be quoted separately to the Client and will be paid to DataEQ Consulting by the Client as agreed in writing between the parties and failing such agreement, within 30 (thirty) calendar days following the date of invoice.
MENTIONS VOLUME LIMIT AND OVERAGE CHARGES
1. The Order Form will stipulate the maximum number of Mentions per brand per month, which are based on volumes estimated as at the Commencement Date.
2. The Client acknowledges that DataEQ Consulting is not able to predict exact data volumes and from time to time, and/or on the occurrence of a specific event, Mentions volumes may spike causing the Client’s usage to exceed the agreed limits set out in the Order Form.
3. With regards to volume limits and in order to manage the Client’s expectations in relation to volume limits, DataEQ Analyze will send 3 (three) volume warning notifications as follows:
  1. The first notification when the DataEQ system detects that the threshold will be reached before the end of a particular month;
  2. The second notification when the DataEQ system reaches 80% (eighty percent) of the volume limit; and
  3. The third and final notification when the DataEQ system reaches 100% (one hundred percent) of the volume limit.
4. In the event of the maximum being reached, the Client may opt to upgrade their account for the month to a higher volume limit, or alternatively to purchase additional data volume bundles to over the overage. The Client may also elect to manage its overages manually, in which case the Client would be required to sign off an additional order as soon as the Client has received the second notice referred to in clause 5.3.2 above. Should the Client fail to conclude such additional order form at the time that the notice referred to in clause 5.3.3 has been sent to the Client, DataEQ Consulting shall be entitled to immediately suspend the Client’s access to the DataEQ Products, without penalty to the Client, until an agreement between the parties in respect of the overages has been concluded.
5. If during any month the maximum volumes of Mentions have not been reached, these do not carry over to the following month.
CONFIDENTIALITY
1. Each Party hereby acknowledges that, during the course of its relationship with the other Party, information or records belonging to the other Party which are either identified as being confidential or which would reasonably be regarded as being of a confidential nature, in whatever format (“Confidential Information”), may be disclosed to it.
2. Subject to clause 6.3 below, each Party undertakes that it (a) shall keep the Confidential Information strictly confidential and, will not to disclose any of it to any person whatsoever; and (b) shall not, directly or indirectly, use the Confidential Information for any purpose other than that envisaged by this Agreement.
3. Each Party shall be entitled to disclose Confidential Information (a) to its employees, parent or sister companies and/or professional advisors solely to the extent strictly necessary for purpose of rendering the Services and provided that, prior to such disclosure, the receiving person is bound by a written confidentiality undertaking similar to that set out in this clause 6; and (b) if and only to the extent that doing so is required in order to satisfy an order of a court of competent jurisdiction or to otherwise comply with the provisions of any law or regulation in force at the time.
4. The provisions of this clause shall not apply to information to the extent to which it can be shown to be part of the public domain (otherwise than as a result of a breach hereof), is Public Data, is lawfully in the possession of the receiving party or is acquired from a third party otherwise than as a result of a breach hereof.
CLIENT DATA
1. The Client acknowledges that DataEQ Consulting will, through the provision of the Services be furnished with and have access to Client Data, which may include Personal Information and the Client hereby consents to the use of the Client Data for the purpose of performing the Services.
2. DataEQ Consulting will process the Client Data in accordance with the Services as described in the Order Form, shall not make unauthorised use of the Client Data and shall take all reasonable steps to safeguard the Client Data.
3. DataEQ Consulting is not required to and does not check or verify Client Data provided to it and will not be responsible for any incorrect or inaccurate Client Data provided to it. DataEQ Consulting shall not be liable for any errors, or omissions in any Client Data provided to it by the Client.
PERSONAL INFORMATION AND DATA PROTECTION
1. The Parties acknowledge that the Data they receive from the other party and/or through the Services may include Personal Information. DataEQ Consulting through providing the Services may also be exposed to Client Data which contains Personal Information (as defined in Data Protection Laws) and/or Data as part of the Services. Similarly, and as part of the rendering of the Services to the Client, the Client may gain access to and be exposed to the Data of third parties (such as social media users) which Data may include Personal Information.
2. As part of its Services, DataEQ Consulting also shares Data with its Contributors but in doing so DataEQ Consulting ensures that Contributors only have sight of the user “handles” of social media users and in any event the Client’s identity is not disclosed to Contributors by DataEQ Consulting.
3. Where the Client itself provides any Client Data to DataEQ Consulting relating to the Services, the Client is obliged to and undertakes to remove all Personal Information from such Client Data prior to supplying such Client Data to DataEQ Consulting. Where the Client provides any Client Data that does contain Personal Information and/or where the Client gives DataEQ Consulting direct access to Data, including but not limited to, the Client’s Direct Messages, the Client warrants and undertakes to DataEQ Consulting and the Group that it has obtained all of the requisite consents from all Data Subjects to whom any such Personal Information relates and that Client has allowed such disclosure in full compliance with Data Protection Laws. The Client hereby fully indemnifies DataEQ Consulting and the Group from any and all losses and claims arising out of the Client’s breach of the warranty contained in this clause 8.3.
4. In addition to the Client’s undertakings in clause 3.18, each of the Parties undertakes to the other Party only to use or ‘process’ (as such term is defined in POPIA) each specific piece of Personal Information to the extent necessary for the purposes of carrying out and/or receiving the Services hereunder (“Authorised Purpose”) and otherwise in accordance with the provisions of POPIA.
5. The Parties specifically undertake to the other Party that it shall:
  1. process Personal Information in such manner that is reasonable, adequate, relevant, non-excessive, purpose-specific and non-infringing of the relevant individual’s privacy and in compliance with Data Protection Laws;
  2. secure the integrity and confidentiality of Personal Information in its possession or under its control by taking appropriate, reasonable technical and organisation measures to prevent (a) loss of, damage to or unauthorised destruction of Personal Information and (b) unlawful access to or processing of Personal Information;
  3. take reasonable measures to (a) identify all reasonably foreseeable internal and external risks to such Personal Information; (b) establish and maintain appropriate safeguards against such risks; (c) regularly verify that the safeguards are effectively implemented; and (d) ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards;
  4. have due regard to generally accepted information security practices and procedures which may apply to it generally or be required in terms of specific industry or professional rules and regulations; and
  5. if there are reasonable grounds to believe that any Personal Information has been accessed or acquired by an unauthorised person, immediately notify the Client or DataEQ Consulting, as applicable, thereof.
6. The Client agrees to the disclosure and processing of Personal Information by DataEQ Consulting to any third party (including but not limited to members of the Group), where DataEQ Consulting is required by law, regulation or court order, or to enable a public body to properly perform a public law duty, or where such disclosure is necessary for pursuing DataEQ Consulting’s legitimate interests as it relates to the Authorised Purpose, or in order to comply with its obligations under this Agreement.
7. The Client consents and authorizes DataEQ Consulting and the Group to transfer the Client’s Personal Information outside the Republic of South Africa for any legitimate business purpose of DataEQ Consulting. DataEQ Consulting undertakes not to transfer or disclose the Client’s Personal Information for any other purposes and DataEQ Consulting shall in doing so ensure that the foreign third party recipient is subject to a law, binding corporate rules or a binding agreement which provides an adequate level of protection that is similar to the protection provided in POPIA and shall that precludes that foreign third party from transferring Personal Information to any third party in a foreign jurisdiction without similar requirements as those set out in this clause 8.8.
8. The Client undertakes to DataEQ Consulting that it will not, nor will it allow, any other party to copy, compile, collate, mine, store, transfer, alter, delete, interfere with, or use any Personal Information obtained in connection with the Services, in a manner that is in contravention of applicable Data Protection Laws.
9. The Client will not carry out any related or further processing activities in relation to any Data obtained through the Services for any other reason other than strictly in connection with the Services, unless it has the express advance written consent of DataEQ Consulting.
10. The Client undertakes to DataEQ Consulting that it will not disclose or make available Personal Information obtained as a result of the Services to any third party, unless it has the express advance written consent of the Data Subject to do so.
11. As soon as possible after a Party becoming aware of a Personal Information Breach, it will immediately notify the other Party in writing and shall take all steps to limit the compromise of the Personal Information and to restore the integrity of the affected information systems as soon as possible, and shall as soon as reasonably possible report all relevant facts relating to the compromise and steps to be taken to mitigate the extent and possible adverse effects of the compromise, including but not limited to providing details of any unauthorised person who are known to or may reasonably be suspected of, having accessed or acquired Personal Information.
12. The Client agrees that upon any request from DataEQ Consulting, it will provide reasonable evidence of its compliance with its obligations set out in this clause 8.
13. The Client agrees to provide BrandEye Consulting with details of any Personal Information affected by any compromise relating to Personal Information, including but not limited to the identity of Data Subjects, a description of the possible consequences of the compromise, a description of the measures taken by it to address the compromise and to accept directions from DataEQ Consulting to address the security compromise, a recommendation with regards to the measures to be taken by Data Subject to mitigate the possible adverse effects of the compromise and where possible, details of the identity of the unauthorised person/s who are known to or may be reasonably suspected of, having accessed or acquired the Personal Information.
14. The Client agrees to comply with all reasonable requests by DataEQ Consulting for access, correction or complaint’s related to Data Subject’s Personal Information or any exercise by Data Subject of its rights under POPIA, and at DataEQ Consulting’s request will promptly provide DataEQ Consulting with a copy of any Personal Information held by the client in relation to a specific Data Subject. This information must be provided by the Client within a reasonable time, in a reasonable manner and format and at no cost to DataEQ Consulting.
15. The Client agrees that DataEQ Consulting may as part of its compliance obligations in terms of Data Protection Laws, disclose to a Data Subject or Information Regulator that the Client may have been involved in processing such Data Subject’s Personal Information.
16. The Client agrees that DataEQ Consulting or a third party appointed by DataEQ Consulting will have the right to audit the Client’s processing activities at any time to determine compliance with the Client’s obligations in terms of this Agreement. DataEQ Consulting’s audit rights will include the right of access to the Client’s system, software, processes and procedures, and inspection of relevant security systems in place. Should any audit exercise reveal any non-compliance with the terms of this Agreement or Data Protection Laws, or written instructions from DataEQ Consulting, then in addition to DataEQ Consulting’s other rights in terms of this Agreement, the Client will be required to take necessary steps to rectify the non-compliance within the shortest time period possible.
17. The Client agrees that at DataEQ Consulting’s request the Client will be required to comply with specific retention, destruction and purging requirements as may be prescribed by DataEQ Consulting from time to time and where applicable, in compliance with Data Protection Laws. In particular, deletion and destruction must be done in a manner that prevents any reconstruction in an intelligible form, i.e. identify/anonymize (by rendering the Personal Information unreadable and unable to be reassembled or reconstruction or re-identified).
18. The Client agrees to reasonable amendments to the obligations relating to data protections, specifically this clause 8 as may be implemented by DataEQ Consulting from time to time, to the extent that applicable Data Protection Laws requires such amendments for the benefit of Data Subjects.
19. The Client agrees to absolve DataEQ Consulting and the Group, its members, directors, employees and successors from any liability of whatsoever nature and/or costs, expenses and damages, arising from the Client’s failure to comply with its undertakings and obligations set out in this clause 8.
IP OWNERSHIP RIGHTS
1. All right, title and interest in and to the DataEQ Proprietary Materials (including without limitation all IP Rights therein) shall at all times remain fully vested in and belong to DataEQ, and the Client shall have no rights whatsoever in or to the DataEQ Proprietary Materials other than the right to use it in accordance with the terms of the limited licence granted pursuant to this Agreement.
2. The Client shall be the owner of the Client Data and the Deliverables, but shall not obtain ownership in any other materials, including any of the Raw Data, Enriched Data (subject o clause 9.3) or any methodologies used by DataEQ to produce the Deliverables, which methodologies shall form part of DataEQ’s Proprietary Materials.
3. DataEQ Consulting grants the Client a non-exclusive, non-assignable, non-transferable perpetual licence to the Enriched Data.
4. Save for as specifically provided in clause 9.2 and 9.3, all IP Rights in or arising out of or in connection with the Services, shall be owned solely and exclusively by DataEQ.
5. The DataEQ Proprietary Materials may not be reproduced, duplicated, reverse engineered, de-compiled, copied, sold, resold, visited, or otherwise exploited in whole or in part without DataEQ’s express prior written consent.
6. The Client may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DataEQ without the express written consent of DataEQ.
7. DataEQ shall not make use of the Client Data, or any of the Client’s trade marks or other proprietary information (including images, text, page layout, or form) without the express written consent of the Client.
LIABILITY AND INDEMNITY
1. Save as specifically otherwise provided in this Agreement, or in the case of, fraud, fraudulent misrepresentation, personal injury or death, the parties’ liability to one another under this Agreement, howsoever arising, shall be limited to direct damages only and in no event shall either party be liable for any consequential, incidental, indirect, special or other damages whatsoever (including, without limitation, business interruption, loss of business information or other pecuniary loss) arising out of this Agreement regardless of whether such liability is based on breach of contract, delict, strict liability or otherwise. DataEQ Consulting’s total liability to the Client under this Agreement shall further and in any event be limited to the value of the fees actually paid by the Client during the preceding 6 (six) months in respect of the Services.
2. The limitation of liability referred to in clause 6.1 shall not in any way be applicable to the Client’s breach of any of the warranties set out in clause 4 and in clause 8.3.
3. DataEQ Consulting shall further not be liable for any loss, damage, liability or cost suffered or incurred by, or any claim brought against the Client in connection with any third party proprietary material provided by the Client to DataEQ to enable or to assist DataEQ in providing the Services.
TERMINATION AND CONSEQUENCES OF TERMINATION
1. Subject to DataEQ Consulting’s rights of suspension of Services as provided in clauses 3.3 and 4.5, either party (the “Complaining Party”) may terminate this Agreement immediately by giving written notice to the other Party (the “Defaulting Party”) if any of the following events occurs:
  1. the Defaulting Party has failed to make any payment of any sum due and payable under this Agreement within 7 days of written notice from the Complaining Party calling on it to make such payment;
  2. the Defaulting Party commits any breach of any of the provisions (other than a provision relating to payment as referred to in clause 9.1.1) of this Agreement and fails to remedy it within 14 days after receiving a written notice from the Complaining Party containing full particulars of the material breach and requiring it to be remedied; or
  3. the Defaulting Party is unable to pay its debts as they fall due; enters into compulsory or voluntary liquidation; compounds with or convenes a meeting of its creditors; is or becomes subject to any bankruptcy, insolvency or liquidation proceedings or order of a competent court; or ceases for any reason to carry on business in the ordinary course.
2. Any termination of this Agreement by a party in terms of clause 11.1 above, shall be without prejudice to any other remedies it may have in law or under this Agreement, including but not limited to, the right to claim specific performance of the terms of this Agreement and/or to claim damages (but subject to clause 10).
3. On termination of this Agreement for any reason:
  1. all rights granted to the Client in respect of the DataEQ Proprietary Materials under this Agreement shall cease;
  2. the Client shall cease all activities authorised by this Agreement in respect of the DataEQ Proprietary Materials;
  3. the Client shall delete all Raw Data obtained through the Services;
  4. the Client shall immediately pay to DataEQ Consulting all outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, DataEQ Consulting shall submit an invoice, which shall be payable by the Client immediately on receipt;
  5. the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry; and
  6. clauses which expressly or by implication have effect after termination shall continue in full force and effect.
NO COMPETITION OR SOLICITATION
1. Each Party acknowledges that the other Party is reliant upon its employees and contractors and has invested substantial time and money in their training and development.
2. Each Party undertakes to the other that it will not at any time during the term of this Agreement or for a period of one year from the date at which this Agreement terminates or expires, however that may occur:
  1. induce to leave, solicit or entice away or endeavour to induce to leave, solicit or entice away any of the other Party’s director or employee, who (in the case of the Supplier) has undertaken work for the Client or (in the case of both Parties) has had any dealings with the other Party in connection with the Services (and each Party agrees that, without prejudice to any other rights or remedies that the other Party might have, if a soliciting Party acts in breach of this provision it will be liable for a recruitment fee for each of the other Party’s employees induced to leave, solicited or enticed away at a rate equivalent to six (6) months’ wages or salary for the relevant employee);
  2. solicit or offer services or custom, or endeavour to solicit or offer services or custom, to any subcontractor engaged by the other Party to perform or provide services or perform obligations under or in connection with this Agreement to the Supplier and/or the Client; or
  3. cause or permit any person directly or indirectly under its control or supervision, or in its employ, to do any of the acts or things specified above.
3. The provisions of this clause 12 shall not be applicable where an employee of one Party opts to respond to a public advertisement for employment as published by or on behalf of the other Party.
GENERAL
1. The Parties choose the respective addresses specified in the Order Form as the addresses at which they will accept service of all documents, legal process and notices in respect of this Agreement. Any notice given in terms of this Agreement shall be in writing and shall: (a) if delivered by hand or courier be deemed to have been duly received by the addressee on the date of delivery; and (b) if transmitted by email be deemed to have been received by the addressee one business day after despatch, unless a delivery failure notification has been given by the relevant system. Notwithstanding anything to the contrary contained or implied in this Agreement, a written notice or communication actually received by one of the parties from the other, including by way of email, shall be adequate written notice or communication to such party.
2. No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: governmental act, war, fire, flood, explosion, civil commotion or any act of God, except that nothing in this clause 13.2 shall excuse the Client from any payment obligations under this Agreement.
3. No relaxation or indulgence granted by either party to the other shall be deemed to be a waiver of any of that party’s rights in terms hereof, nor shall same be deemed to be a novation of the terms and conditions and nor shall same stop either party from enforcing its rights hereunder. These terms and conditions shall not in any way be deemed to be a waiver by either party of any of its rights in law.
4. No agreement to vary, add to or cancel this Agreement shall be of any force or effect unless reduced to writing and signed on behalf of both parties to this Agreement.
5. Nothing in this Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
6. Neither party may at any time cede, assign, transfer, subcontract or deal in any other manner with all or any of its rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the Agreement to any third party, without the prior written consent of the other party. Notwithstanding anything to the contrary contained in this Agreement, DataEQ Consulting may, without the Client’s consent, cede and/or assign this Agreement and/or the licence granted hereunder in connection with any merger, change of control, corporate reorganisation or the sale of all or substantially all of its assets provided that any such successor agrees to fulfil its obligations pursuant to this Agreement.
7. The Parties agree that this Agreement and its termination shall be governed by and construed in terms of the laws of South Africa. The Parties hereby consent to exclusive jurisdiction of the South African magistrates’ courts in connection with any action or motion which either party to this Agreement may institute arising out of or in connection with this Agreement, its interpretation or its termination.
8. If any part or provision of this Agreement is or becomes unenforceable for any reason, that part or provision shall be deemed to be severable and shall not affect the validity of the remaining parts and provisions.
9. In this Agreement, unless the context require otherwise:
  1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  2. A reference to one gender shall include a reference to the other genders.
  3. Words in the singular shall include the plural and vice versa.
  4. Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words "without limitation" following them. The words other and otherwise are illustrative and shall not limit the sense of the words preceding them.
  5. Any obligation in this Agreement on a person not to do something includes an obligation not to agree or allow that thing to be done.
  6. The headings are inserted for convenience only and shall not affect the construction of this Agreement.
10. This Agreement may be signed in counterparts, each of which shall deemed to be an original and all of which taken together shall constitute one and the same instrument.
11. The Parties acknowledge and agree that it shall not be a requirement that this Agreement be witnessed and signed by witnesses in order for the Agreement to be valid and enforceable.
12. The Parties acknowledge and agree that it shall not be a requirement for each of the pages of this Agreement to be initialled by the signatories in order for the Agreement to be valid and enforceable.
13. A party signing or accepting this Agreement on behalf of the Client does by signing or accepting this Agreement warrants to DataEQ Consulting that he/she is duly authorised to do so.

Privacy Policy UK

INTRODUCTION TO THIS PRIVACY POLICY
1. Last updated on 20 February 2024
2. This privacy statement applies to you if are a UK resident and you publish information on publicly available websites (Twitter, Instagram, Facebook, Reddit etc.) that we collect data from.
3. This statement sets out the basis upon which we process your Personal Data (being data that identifies you) and meets the requirements of articles 5 and 14 GDPR.
4. All the Personal Data we process is publicly available being information you have chosen to publish online.
WHO ARE WE?
1. We are DataEQ Limited, and we trade as Brandseye (“we” or “us”). Our company number is 08736583. If you have any questions about this privacy policy or our privacy practices, please contact: privacy@dataeq.com.
2. The DataEQ Group is made up of different legal entities, including DataEQ (Pty) Ltd and DataEQ Consulting (Pty) Ltd (both of which are incorporated in South Africa).
3. In addition to whatever rights you have via your relationship with any publishing platform, you also have certain rights relating to your data that we collect, process, store and retain, as set out in this policy. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
WHY WE COLLECT PERSONAL DATA AND FROM WHAT SOURCES
1. We collect information, content and communications that you as an “author” provide or share via a social media platform, blog, forum and/or news site. We get data via search crawling or by contracting directly with content providers and data resellers to gain access to data from them. This information is then redacted, collected, indexed, and stored in our database.
2. The data that you as an author share will be Personal Data if it identifies you – for example your name in connection with the user name of your Facebook or Twitter profile along with the profile picture is set to public on your user profile privacy settings.
3. We offer access to our database, as well as analytics of the data within that database, to customers (our “Services”). This allows our customers to learn more about their brand, their consumers, their competitors, and act with more certainty in their marketing decisions.
4. Through rendering Services to our customers we may also gain access to “Direct Messages” – any message you send to our customers whether via social media platforms, bots or artificial intelligence, email or SMS.
5. We may collect, use, store and transfer different kinds of information which you post or make publicly available online and/or via Direct Messages, including but not limited to the following platforms and sources:
  1. Meta (Facebook, Instagram);
  2. X (formerly Twitter);
  3. Google;
  4. Linkedin;
  5. Youtube;
  6. Vkontakte;
  7. Blogs & Blog comments;
  8. Mainstream news sources;
  9. DataEQ website; and
  10. Forums
6. We work with third parties such as Webhose who collect data from the platforms listed in paragraph 3.5.
7. We process data using a proprietary mix of algorithms and crowd sourcing to determine relevance, sentiment, topics and themes.
THE INFORMATION WE COLLECT
1. The data that we collect (see paragraph 4.4) as set out above will be referred to as “Social Data” throughout this policy.
2. From the Social Data, we can sometimes infer sensitive information such as sexual orientation, race, gender or health. We do not look at multiple posts in combination, and our algorithms analyse each of your posts individually. Any content you publish may include references to your age, gender or other personal characteristics or circumstances.
3. We also collect, use and share Data such as: (i) statistical data; (ii) demographic data; and (iii) data which, if it were not anonymised, would constitute special categories of personal data, including data relating to health, political opinions and religious or philosophical beliefs, but which is anonymised and aggregated and will be referred to as “Aggregated Data” throughout this policy. Aggregated Data may be derived from your Social Data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your data to calculate a political opinion, sentiment towards a specific brand or customer experience values in a specific industry or sector. However, if we combine or connect Aggregated Data with your Social Data so that it can directly or indirectly identify you, we treat the combined data as Personal Data which will be processed in accordance with this privacy policy and all applicable Data Protection Laws.
4. Social Data we process may include:
  1. your name, username, handle, or other identifier;
  2. the content of the information you have published via that name, username, handle, or other identifier, including comments, expressions, opinions, posts, preferences, beliefs etc;
  3. your profile picture or other images or videos that you post or interact with;
  4. your approximate location;
  5. the content of your posts on social media platforms, including your opinions, preferences and beliefs;
  6. your non-private communications with other users of social media platforms on such social media platforms;
  7. audio/visual information: your profile picture or other images or videos that you post or interact with;
  8. employment information: your job title or profession (including category of profession, for example “journalist”);
  9. demographic information: your interests and gender; and
  10. geolocation information: your location
5. We do not knowingly collect or share:
  1. except in the form of Aggregated Data (please see reference to data that we infer – paragraph 4.2), any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data);
  2. any information about criminal convictions and offences; or
  3. any information relating to children under the age of 13.
6. We are committed to respecting the privacy of children online. If we learn that our systems have inadvertently collected information relating to children under the age of 13, we will promptly delete the information, notify the necessary customer representatives to facilitate a consultation on how this data was collected and put measures in place for it not to happen again.
HOW WE USE YOUR PERSONAL DATA
1. We principally use each of the categories of your Personal Data referenced above to offer our Services to our customers.
2. We do not use algorithms to make automated decisions about you in violation of applicable law or in a way that produces a significant legal effect. In other words, we only make data (inferred or not) and analytics available to our customers. Our legal basis for this type of data processing is that we have a legitimate interest in running our business and providing our Services to our customers.
3. Whenever we process data that has special category Personal Data in it, we do so only because you have voluntarily made that information public by disclosing publicly the information in question. In addition to our uses of your Personal Data, our customers also have a legitimate interest in accessing this data in order to understand their customer base and engagement with their brands.
4. We also use each of the categories of Personal Data referenced above in ways related, but ancillary, to the Services that we offer. For example, we may use the data to:
  1. improve our Services;
  2. comply with our legal obligations; and
  3. enforce our rights, including the legal obligations or enforcement of rights of third parties.
5. The legal basis for processing the Personal Data in paragraph 5.4 is legal obligation or legitimate interests.
6. Please note that we will promptly delete all your Social Data that we have received from a particular social media platform if we stop collecting data from such social media platform.
HOW LONG WE WILL KEEP YOUR INFORMATION
1. We review our data retention periods regularly and will only hold your Social Data for as long as is necessary for the relevant activity, or as required by law (we may be legally required by third parties such as our insurers to hold some types of information for minimum time periods). Any request you make to delete cannot override these obligations
2. If you request that we delete your Personal Data:
  1. we will delete your data from our system, provided it is not in contravention of any laws, or current legislation;
  2. please be aware that if your data is still published on the public sources we pull data from so you will need to remove it from there also.
3. Details of retention periods for different categories of your Personal Data are set out in our retention policy which is available on request. When we decide the appropriate retention period for Personal Data, we consider our legal and compliance obligations, the nature and sensitivity of the Personal Data including the potential risk of harm from unauthorised use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means.
SHARING OF YOUR DATA
1. In addition to sharing your Personal Data with our customers, we may share your Personal Data with any member of our company group (i.e. our subsidiaries, parent companies, and affiliates). We will inform you before we do this and give you information regarding this.
2. We may share your Personal Data with selected third parties, including our business partners, suppliers, contributors/crowd and sub-contractors, for the performance of any contract we enter into with them. We may also share your data with analytics and search engine providers that assist us in the improvement of our website and systems.
3. We may also disclose your Personal Data to other third parties. For example, if we sell or buy any business or assets, we may disclose your data to the prospective seller or buyer of such business or assets. Alternatively, if we or substantially all of our assets are acquired by a third party, your data may be part of the transferred assets.
4. If any third party processes any of your data, we ensure there are sufficient contractual and operational safeguards protecting your data.
5. In respect of your Social Data, we will not:
  1. sell, licence or purchase any data obtained from social media platforms;
  2. proxy, request or collect your usernames or passwords for social media platforms;
  3. share your user IDs for social media platforms with service providers who build or run any of our apps. Your user IDs for social media platforms will be kept secure and confidential; and/or
  4. use friends or connections data from social media platforms to establish social connections in our apps, unless you have granted you access to that information.
DATA SECURITY
1. We have put in place appropriate security measures to prevent your Social Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. This includes:
  1. The servers that hold your data have administrative, technical, and physical controls to safeguard your data, including industry-standard encryption technology.
TRANSFERS OUTSIDE THE EEA
1. Other companies in the DataEQ group of companies which are based in South Africa and Dubai process data inside the DataEQ system and platform with the data remains at all times in our data centre which is based in Germany (within the EEA).
2. Many of our external third parties, such as customers and crowd members are based outside the European Economic Area (EEA). The data remains on our system, and is only accessible through our platform or app. The data is anonymised and aggregated so no data subject can be identified. Therefore as this is not Personal Data this is not a restricted transfer. That said we monitor the processes and systems used so we are satisfied that the data will not be compromised.
3. If we transfer your information outside of the European Economic Area or the United Kingdom, we will take steps to ensure that adequate safeguards are in place to protect your Personal Data and to make sure it is treated securely. You may contact us for a summary of the safeguards which we have put in place to protect your Personal Data and privacy rights in these circumstances.
YOUR PRIVACY CHOICES
1. You are always in control of your Personal Data Paragraph 11 sets out how you can exercise control over the Personal Data we process but please always note that as an author you:
  1. are the source of the data and have control under the user profile privacy settings of each platform you interact with and can at any time restrict any of this information appearing in the public domain in accordance with the terms of the relevant platform;
  2. create the Social Data and have direct control over what you decide to post publicly online;
  3. can always review the privacy settings available on all platforms you use to publish content online, including making your profile private; and
  4. should read the privacy statements provided by the platforms you publish content on.
YOUR RIGHTS
1. Under Data Protection Laws, you have the following rights in connection with your Social Data, which can be exercised in certain circumstances:
  1. Request access to your Personal Data (commonly known as a “data subject access request”). This enables you to receive a copy of the Personal Data we hold about you and to check we are lawfully processing it;
  2. Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
  3. Request erasure of your Personal Data. This enables you to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Data where you have exercised your right to object to processing (see below);
  4. Object to processing of your Personal Data where we are relying on a legitimate interest (or those of a third party). You also have the right to object where we are processing your Personal Data for direct marketing purposes;
  5. Request the restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of Personal Data about you, for example if you want us to establish its accuracy or the reason for processing it;
  6. Request the transfer of your Personal Data to another party. We will provide to you, or a third party you have chosen, your Social Data in a structured, commonly used, machine-readable format; and
  7. Withdraw your consent where we are relying on consent to process your Personal Data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you.
2. If you would like to exercise any of your rights above, please contact us at privacy@dataeq.com and provide us with your full details (including name, telephone number, address and email and the precise nature of your request and/or grievance.)
3. Only you, or a person you have authorized to act on your behalf, may make a request related to your Personal Data. You may also make a verifiable request on behalf of your minor child or ward. If you submit a request through an authorized agent, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity with us.
4. In order to protect your Personal Data, we may ask you or your authorized agent to provide additional Personal Data so that we can verify your identity. Any information that you provide will only ever be used as part of the process to confirm your identity and complete your request. In order to protect your Personal Data, if we cannot verify your identity, we will not be able to comply with your request.
CHANGES TO OUR PRIVACY POLICY
1. Any changes we make to our privacy policy in the future will be posted on our website and, where appropriate, displayed on our premises notified to you by e-mail.