Legal

Introduction

This Cookie Policy (“Policy”) governs the privacy practices of Point A Marketing (“We”, “Us”, “Our”, “Ourselves”) insofar as the use of Cookies and other tracking technologies are concerned. The purpose of this Policy is to describe what Cookies are, what we use them for, and how the User (“You”, “Your”, “Yourselves”) can manage them during your visit to our website.

By accepting this Policy, you signify your consent to the storage of Cookies on your device/s and where applicable, the processing of your personal information in accordance with our privacy policy.

1. Definitions

In this policy the following definitions shall apply:

1. “Applicable Data Protection Law” shall mean all legislation or regulations protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the processing of personal information, including South Africa’s Protection of Personal Information Act, 2013;

2. “ANALYTICS” SHALL MEAN THE COLLECTION, DISCOVERY AND INTERPRETATION OF MEANINGFUL OBSERVATIONS, OCCURRENCES OR PATTERNS IN BEHAVIOUR IN RESPECT OF YOUR USE OF OUR WEBSITE;

3. “COOKIES” SHALL MEAN THE SMALL FILES THAT ARE PLACED ON YOUR DEVICE AS YOU BROWSE THE INTERNET — DESCRIBED IN SECTION 2 OF THIS POLICY. FOR THE PURPOSES OF THIS POLICY, COOKIES COLLECTIVELY REFERS TO TRADITIONAL COOKIES (SMALL TEXT FILES), AS WELL AS OTHER TRACKING TECHNOLOGIES, INCLUDING, BUT NOT LIMITED TO: WEB BEACONS, PIXELS AND TAGS;

4. “Data Subject” shall mean any natural or juristic person in respect of whom personal information relates;

5. “Personal Information” shall mean any information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including but not limited to — (a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person; (e) the personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and (h) 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;

6. “POLICY” SHALL MEAN THIS COOKIE POLICY;

7. “THIRD-PARTY” SHALL MEAN ANY OTHER NATURAL OR JURISTIC PERSON THAT IS NOT YOU, THE USER, OR OURSELVES

2. What are cookies?

1. Cookies are small text or other files, containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the web browser as You are browsing the internet. The identifier (Cookie) is then sent back to the web server each time the web browser requests a page from the web server. The web server therefore has access to the Cookie it gave You, but not to Cookies created by other Third-Party websites. Every time you access our website, a Cookie is sent to your computer or device to identify you and your device/browser.

2. Cookies may be either ‘persistent’ Cookies or ‘session’ Cookies: a persistent Cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by you before the expiry date. A session Cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

3. Cookies may also constitute personal information in that they may involve the storing, retrieval and processing of your device details and other online and unique identifiers.

4. Cookies serve important functions for websites and can generally be easily viewed and deleted from by you from your device (see Section 4 of this Policy below).

3. What cookies do we store?

1. Analytics Cookies: monitor how you reached our website, and how you interact with and move around once on our website. These Cookies let us know what features on our website are working the best and what features on our website can be improved.

2. Necessary Cookies: can be either permanent or temporary. These are necessary Cookies, without which our website won’t work properly or be able to provide certain features and functionalities. Some of these may be manually disabled in Your browser but may affect the functionality of our website. Necessary Cookies include ‘Security Cookies’ which help identify and prevent security risks — we use these Cookies to authenticate users and protect user data from unauthorised parties.

3. Technical Cookies: are used by our hosting infrastructure for performance and load balancing, in order for our website, to be as fast and responsive as possible. These Cookies are also used to detect, analyse and diagnose any technical issues Users may encounter while using the website. These Cookies cannot be turned off individually, but you can disable all cookies in your web browser.

4. Personalisation and site management Cookies: are used to recognise repeat visitors to the site. We use these Cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the site. We also use these Cookies to maintain your identity or session on our website so that any information you enter is retained from page to page. These Cookies cannot be turned off individually, but you can disable all Cookies in your web browser.

5. Third-Party Cookies: may be placed on your computer when you visit our website by companies that run certain services we offer. These Cookies allow the third parties to gather and track certain information about you. These Cookies can be manually disabled in your web browser. We use the following Third-Party Cookies:

6. Google Analytics: Google Analytics gathers information about the use of our website by means of Cookies. The information gathered is used to create reports about the use of our website.

4. Managing and deleting cookies

1. You can manage your Cookie preferences on our website.

2. Most web browsers allow you to refuse to accept Cookies and to delete Cookies. The methods for doing so vary from web browser to web browser, and from version to version.

3. For more information on how to control Cookies, check your web browser or device’s settings for how you can control or reject Cookies, or visit the following links: Apple Safari; Google Chrome; Microsoft Edge; Microsoft Internet Explorer; Mozilla Firefox; OperaAndroid (Chrome); iPhone or Ipad (Chrome); iPhone or iPad (Safari).

4. In addition, you may opt-out of some third-party Cookies through the Network Advertising Initiative’s Opt-Out Tool. Blocking all Cookies will have a negative impact upon the usability of many websites. If you block Cookies, you will not be able to use all the features on our website.

5. Electronic signature

5.1 You agree to be bound by any affirmation, assent, communication or agreement that you transmit through our website, including but not limited to the consent you provide to us when accepting this policy.

5.2 You agree that, when in the future you click on “I agree,” “I Consent,” “Submit,” or other similarly worded “buttons” or entry fields with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

5. Contact

If you have any questions about this policy or the way in which we handle your personal information, or if you wish to invoke any of your rights described in our privacy policy, please contact us at info@pointamarketing.com

6. Changes to this policy

We may change this policy at any time, in which case any amended terms shall be effective immediately upon the posting of the revised policy on our website and any subsequent activity in relation to our website shall be governed by such amended terms. We therefore recommend that you check our website regularly. If you do not agree with any term in this policy, please do not use our website.

This Cookies Policy was last updated on 5 July 2023.

Terms and Conditions of Service - Marketing

Introduction

Point A will provide professional services as laid out in the agreement below. The terms in the Proposal, as read with these Terms and Conditions (“Agreement”/”Terms”) shall apply to all of the Services provided by Point A (“We / Us” / “Ourselves”) and You, the Customer (“the Customer” / “You” / “Your”).

1. Definitions

The following expressions shall bear the meanings assigned to them below and cognate expressions shall bear corresponding meanings:

1.1. “Agreement” shall mean these Terms and Conditions of Service together with all Addendums hereto.

1.2. “Additional Point A Terms” shall mean the terms of any Proposals, Engagement Letters, contract renewals, or written amendments to this Agreement, as agreed between Ourselves and You from time to time.

1.3. “Customer Data” shall mean all Personal Information of Data Subjects, as well as any other information, content, resources or IP provided to Us, by You, for the provision of the Services, or otherwise collected by Us, on Your behalf, in providing the Services;

1.4. “Customer Personal Information” shall mean all Personal Information belonging to You in Your capacity either as a natural person, or as a juristic person;

1.5. “Data Protection Laws” shall mean all South African legislation and regulations protecting the fundamental rights and freedoms of individuals in respect of their right to privacy with respect to the processing of personal information - in particular, the Protection of Personal Information Act, 2013;

1.6. “Data Processing Agreement” shall mean the agreement entered into between Ourselves and You, which outlines the various terms applicable to Processing activities conducted by and between Ourselves and Yourself.

1.7. “Data Subject” shall mean any person to whom Personal Information relates;

1.8. “Engagement Letter” shall mean the letter received by You after accepting Our Proposal for Point A Services;

1.9. “Fees” shall mean all onboarding fees; management fees; content creation fees and other once-off fees applicable to Our Services.

1.10. “Intellectual Property” shall mean any know-how (not in the public domain), invention (whether or not patented), design, trade mark (whether or not registered), or copyright material (whether or not registered), goodwill, processes, process methodology and all other identical or similar intellectual property as may exist anywhere in the world and any applications for registration of such intellectual property. For the purposes of this definition, “Copyright Material” means any material in which copyright subsists;

1.11. “Parties” shall mean Us, Point A, and You, collectively. The term ‘Party’ shall mean either Ourselves or You, as determined by the context.

1.12. “Personal Information” shall mean any information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person (a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person; (e) the personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and (h) 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;

1.13. “Process/Processing” shall mean any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including — (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or (c) merging, linking, as well as restriction, degradation, erasure or destruction of information;

1.14. “Proposal” shall mean the proposal accepted by You when requesting Services from Point A;

1.15. “Services” shall mean any digital marketing services which We provide to You pursuant to this Agreement, as described more fully in Clause 4.1;

1.16. “Third-Party” shall mean any other natural or juristic person that is not You, or Ourselves;

2. Acceptance of these Terms and Conditions

2.1. These Terms and Conditions, as read with any Additional Point A Terms, shall constitute a valid and binding Agreement between the Parties.

2.2. You agree to be bound by any affirmation, assent, communication or agreement that You provide electronically to Point A.

2.3. You agree that, when in the future You click on “I agree,” “I Consent,” “Submit,” or other similarly worded “button” or entry field with Your mouse, keystroke or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

3, Duration, Renewals, & Cancellations

3.1. This Agreement shall commence upon acceptance of Our Proposal.

3.2. Duration: Except where specifically provided for in this Agreement, this Agreement will subsist and will be enforceable so long as Our Services are being provided to You. In this regard, Our Proposal and Engagement Letter set out the duration of this Agreement and for which You will receive Our Services. Where no fixed-term duration has been provided, this Agreement and Our Services will automatically default to a month-to-month duration.

3.3. Renewals: any terms of renewal agreed upon between Ourselves and You will be detailed in Our Proposal and Engagement Letter.

3.4. Cancellation: this Agreement and Our Services may be cancelled at any time after the first 90 days, upon 1 (one) calendar month written notice to Ourselves.

4. Services

4.1. The Point A Services that you have requested are governed by this Agreement and are described in Our Proposal and Engagement Letter.

4.2. We undertake to render the Services to You as set out in this Agreement. Where You require Us to render additional Services to You that are not included in a Proposal or Engagement Letter, We will not be obliged to render any additional Services to You unless reduced to a written agreement between ourselves, which may take the form of an additional Proposal or quote delivered by Us to You detailing such additional Services.

4.3. We reserve the right to charge for any revisions to work performed as part of Our Services.

5. Fees & Payment for Services

Fees

5.1. As described in Our Proposal and Engagement Letter, by utilising Our Services You will be responsible for various Fees.

5.2. Our Fees are subject to an annual price increase at Our sole discretion. Such price increases will be communicated to you in advance.

5.3. We reserve the right to amend any estimated quoted costs and Fees as contained in the Proposal prior to commencement of any Services.

5.4. All Fees contained in Our Proposals and Engagement Letters are exclusive of VAT.

5.5. All Fees must be paid in advance.

Google Ad Spend

5.6. Google Ad Spend Fees are charged directly by Google on a monthly basis:

5.6.1. These are paid to Google directly via Your credit card.

5.6.2. Please note that where You choose to have Google charge Your credit card directly for ad spend, Point A will collect Your credit card information on behalf of Google, who will then processes Your information to bill You.

5.6.4. All Google Invoices and statements will be made available to you 7 – 10 days after the previous month ends.

5.7. If We pay Google on your behalf:

5.7.1. You will receive a Point A invoice for the respective Google Ad Spend Fees;

5.7.2. You will be required to settle all amounts monthly in advance for Your Google Ad Spend.

5.7.3. You will be responsible for all payment related and transfer fees.

Discounts and Prepayments

5.8. Where You choose a fixed-term duration to receive Our Services and where You agree to pay Our management fees in-advance, We may offer You a discount on Our fees. Such discounts will be detailed in Our Proposal and Engagement letter to You and are entirely at Our sole discretion.

5.9. If You choose to pay Us in accordance with a prepayment discount, and You have paid Our management fees in advance, Your cancellation during a prepayment term will result in no refund being due or owing to You.

Payment

5.10. The method of payment for all Fees associated with Our Services are described in Our Proposal and Engagement Letter. The default payment method is via credit card transactions through a payment-gateway.

5.11. In return for the Services rendered, You undertake to make payment to Us of all amounts that become due, owing and payable in terms of this Agreement. Where a payment due to Us has not been received for any reason, You undertake to make payment via an alternative method and provide Ourselves with proof of payment within 3 (three) business days.

5.12. Non-payment of Our Fees within a period of 3 (three) business days, shall result in Your social and marketing accounts being paused until payment is received.

5.13. Without impacting any of Our other rights in law, failure to settle outstanding invoices or fees in advance will result in Your Google Ads/Facebook/Instagram or other digital marketing accounts being paused until such payment/s are received.

5.14. You shall not be entitled to withhold payment of any amount payable to Us in terms of this Agreement for any reason whatsoever.

5.15. At Your discretion, You may, at any time, upgrade your current Services to take advantage of more complex inbound marketing solutions. Any upgrades shall be subject to the terms of this Agreement, as read with any Additional SearchKings™ Terms.

6. Refunds

6.1. If You accept a Proposal for a fixed-term, pay Our management fees in advance, and decide to cancel this Agreement for Our Services before the expiry of the fixed-term, no refunds will be due to you.

7. Payment Acquisition and Invoices

7.1 Transaction currency is South African Rand (ZAR), or Euro, depending on the client’s main office location.

7.2 Customers are advised to familiarise themselves with the terms, conditions and privacy practices of the Third-Party payment gateways provided for before proceeding with a credit card transaction for Our Services. By using the Services of a Third-Party payment gateway, Customers understand and agree that use thereof is entirely at their own risk and cost.

7.3 We disclaim all responsibility for, and shall in no way be liable for, the manner in which Your financial and credit card information (including Personal Information) is processed by a Third-Party payment gateway.

7.4 All invoices and/or statements rendered by Us shall be deemed to be correct and conclusive proof of all amounts owing by You, unless disputed in writing, by You, within 10 (ten) days after We furnish the invoices and/or statement.

7.5 All invoices shall be paid in advance.

8. Subcontracting

8.1. We shall have the right to appoint subcontractors to perform any or all parts of the Services, in Our sole discretion. Notwithstanding this right, We shall remain obliged to fulfil all obligations to You in terms of this Agreement.

8.2. Where We appoint a subcontractor and such subcontractor is required to Process any Customer Data or Customer Personal Information, the subcontractor will be required to bind itself to a Data Processing Agreement which subjects the subcontractor to confidentiality, non-disclosure and security requirements.

9. Intellectual Property

Ownership of IP

9.1. Where You provide any IP to Us pursuant to this Agreement or any Services, You warrant that You have all necessary permissions and authorisations to do so. In such cases, there shall be no transfer of Intellectual Property Rights and You and/or any applicable Third-Parties will retain ownership of said Intellectual Property Rights.

9.2. Ownership in any and all IP (including derivative works and enrichment of Customer Data) created by Us pursuant to this Agreement and the provision of any Services, shall vest in Us exclusively. Nothing in this Agreement shall indicate a transfer by Us to You of any of Our Intellectual Property, whether such Intellectual Property existed prior to this Agreement or was created during the term of this Agreement or anytime thereafter, unless otherwise agreed to by the Parties in writing.

9.3. Unless explicitly provided for in this Agreement, there shall be no transfer of IP from Us to You, regardless of whether such IP existed prior to this Agreement or was created during the term of this Agreement or anytime thereafter. Third-Party IP.

9.4. You hereby warrant that Our use of any IP delivered by You, to Us, will not violate any Third-Party Intellectual Property Rights. You indemnify, hold Us harmless and assume full responsibility and liability for any and all IP infringement claims that may arise as a result of Our use of any IP provided by You, to Us.

9.5. Notwithstanding any other terms in this Agreement, We reserve the right, at any time, to terminate this Agreement in the event of a violation (whether repeated or not) of any of Our Intellectual Property Rights or those of a Third-Party.

Our Ownership of IP in Google Ads Accounts and Our API

9.6. You acknowledge that all IP in Your Google Ads account built and run through Our Point A API belongs to Us. We exert full ownership of both the Google Ads Account, as well as Our API.

9.7. You retain ownership of all data in Your Google Analytics account which will be linked to Your Google Ads account.

Google Analytics and Administrative Access to Google Ads Account

9.8. By default, You, nor any other Third-Party (including other marketing agencies) are not entitled to administrative access of Your Google Ads Account.

9.9. Upon request, and at Our sole and exclusive discretion, We may grant You partial or full administrative access to your Google Analytics account and all historical Google Ads data, which can be seen and downloaded as needed. Any conduct that takes place on the account is Your responsibility and We disclaim all liability with regard thereto. Where any administrative access is granted to You, You undertake not to disclose Your log-in credentials to any Third-Party for any reason whatsoever, including where a Third-Party is contracted to manage and conduct Google marketing for Your business. Any unauthorised access to Your Google Ads account may constitute a breach of Our IP rights in Your Google Ads Account.

10. Data Protection Law Compliance

10.1. We Process Personal Information relating to You (as a natural or juristic person) in line with applicable Data Protection Laws, governed by Our Privacy Policy[LA3] , Our Data Processing Agreement[LA4] , and any legislation as it may apply. Your election to use Our Services indicates your acceptance of the terms of Our Data Processing Agreement.

10.2. By providing Us with any Customer Data (which includes Customer Personal Information), You warrant that You are legally entitled to do so in accordance with applicable Data Protection Laws (you have a lawful basis to Process and share such Personal Information with Us), and that Customer Data is up to date, and accurate. Furthermore, you hereby agree to defend, indemnify and hold Us, Our officers, directors, employees, agents, contractors, and suppliers harmless from and against any claims, damages, actions, losses, liabilities or expenses including without limitation: loss of profits; direct, indirect, incidental, special, consequential or punitive damages; including all legal fees, on an attorney-and-own-client scale, resulting from Our use of Your Customer Data in providing You the Services.

11. Breach and Termination

11.1. Should You breach any provision of this Agreement and fail to remedy such breach within 30 (thirty) days of receiving written notice from Us requiring You to do so, then We shall be entitled, without prejudice to any other rights that We may have, whether under this Agreement or in law, to cancel this Agreement immediately on written notice to You or to claim immediate specific performance of all of Your obligations, whether or not due for performance, in either event without prejudice to Our right to claim damages.

11.2. Where this Agreement has been terminated immaturely, You will be required to settle all outstanding Fees owing to Us for the provision of the Services, including all Fees for the month in which a notice of termination has been delivered.

12. Warranties

In addition to any other warranties provided for or disclaimed in this Agreement:

Capacity to Contract

12.1. The Parties warrant that they are under no disability or restriction, whether contractual or otherwise, to conclude this Agreement and that they are duly authorised and legally entitled to enter into this Agreement on the terms as contained herein.

12.2. Your signatory of this Agreement warrants that he/she is duly authorised to sign this Agreement on Your behalf.

Usage

12.3. We specifically disclaim all implied warranties of fitness for a particular purpose, non-infringement and accuracy. We do not warrant that the Services will be error free and operate without disruption. We make no representations or warranties with respect to any Third-Party applications.

Accuracy

12.4. We do not make any warranties as to the accuracy, completeness or reliability of any information provided to You in the course of providing You the Services.

12.5. You warrant that all information provided to Us, including but not limited to Your identity and details, as well as any other information provided for the purposes of Our Proposal and Engagement Letter, are correct.

13. Indemnities

In addition to any other indemnities provided for in this Agreement:

13.1. YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND TO COOPERATE WITH US AS FULLY AS REASONABLY REQUIRED IN THE DEFENCE OF ANY CLAIM AGAINST US, AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES ARISING FROM OR RELATING TO:

13.1.1. CLAIMS BY ANY THIRD-PARTIES RELATING TO ANY INTELLECTUAL PROPERTY RIGHTS INFRINGEMENTS ARISING OUT OF OUR USE OF CUSTOMER DATA OR CONTENT IN PROVIDING YOU OUR SERVICES;

13.1.2. CLAIMS BY ANY THIRD-PARTIES (INCLUDING DATA SUBJECTS) RELATING TO OUR USE OF ANY CUSTOMER DATA OR CUSTOMER PERSONAL INFORMATION IN PROVIDING YOU OUR SERVICES;

13.1.3. CLAIMS BY ANY THIRD-PARTIES (INCLUDING DATA SUBJECTS) ARISING OUT OF A CYBERSECURITY INCIDENT ON YOUR WEBSITE/S; AND/OR 13.1.4. UNLAWFUL OR NEGLIGENT ACTIONS OCCASIONED BY YOU IN RELATION TO THIS AGREEMENT.

13.2. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE AND IN OUR SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

14. Limitation of Liability

14.1. POINT A NOR ITS PARENTS, SUBSIDIARIES OR AFFILIATES WILL BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER SO ARISING.

14.2. OUR ENTIRE LIABILITY TO YOU UNDER THIS AGREEMENT WILL BE LIMITED TO THE SPECIFIC CAUSE OF ACTION THAT GIVES RISE TO THE LIABILITY.

15. Legal Costs

Where We take any steps against You for the recovery of any amount owed by You to Us in terms of the Agreement, You shall pay all of Our legal costs, including all disbursements made by Us or Our legal representatives on Our behalf and tracing and collection costs, on the scale as between attorney and own Customer.

16. Domicilium and Notices

16.1. The Parties choose as their domicilium citandi et executandi the addresses as they appear on the Proposal for the service of any process and notice arising out of or in connection with this Agreement.

16.2. Any notices to be served in terms of this Agreement shall be in writing and shall be sufficiently served if sent to the Party to be served at the addresses contained on the instructing letter, by hand, by prepaid registered post, by telefax or by e-mail. The date of delivery (if by hand, telefax or email) shall be deemed to be the date of service, transmission or sending thereof. The date of delivery shall be deemed to be 7 (seven) days after the date of posting, if mailed by registered mail.

17. Arbitration

Without any restriction on Your rights to pursue legal recourse in the applicable forum, You agree that any disputes of fact regarding this Agreement or the Services, that cannot be resolved amicably, shall first be referred to confidential arbitration in terms of the Rules of the Arbitration Foundation of Southern Africa (AFSA) and such arbitration shall be conducted in English.

18. Whole Agreement

This Agreement, in conjunction with any Additional Point A Terms, constitute the sole record of the Agreement between the Parties and supersedes all previous Agreements. Neither Party shall be bound by any representation, express or implied term, warranty, promise or the like not recorded herein.

19. Interpretational Conflict

Unless otherwise stated in this Agreement, in the event of any interpretational conflict between the terms of this Agreement or any Additional Point A Terms, the meaning of the provisions of this Agreement will take precedence.

20. No Variation

No addition to, variation of, novation, or agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the Parties.

21. No Indulgence

No indulgence which either Party may grant to the other Party shall constitute a waiver of any of the rights of either Party.

22. Severability

If any part of this Agreement is determined to be invalid or unenforceable by a court of a competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

Introduction

This Privacy Policy (“Policy”) governs the processing of Personal Information by Point A (“We”, “Us”, “Our”, “Ourselves”), in accordance with the Protection of Personal Information Act, 2013.

This Policy describes the manner in which We Process Personal Information, under Your instruction (the “Customer”), in order to provide You with Our Services. When We Process Personal Information, it may either belong to:

You, Our Customer (the “Data Subject”); and/or

Your clients and prospective clients (generated through Our Services) (the “Third-Party Data Subjects”).

Our Commitment

Where We Process the Personal Information of Third-Party Data Subjects, for and on Your behalf, We are committed to doing so in a confidential and secure manner, and within the ambit of Your express instructions. We encourage You to read this Policy carefully and contact Us with any questions in regard to Our privacy practices.

By requesting Our Services and accepting Our Agreement, You signify that: (i) You have read and understood this Policy; (ii) You consent to Us processing Your Personal Information in order to provide You with Our Services; and (iii) You have no objections to Our Processing of Third-Party Data Subject Personal Information in accordance with this Policy.

We may amend this Policy at any time. All amended terms shall be effective immediately upon the posting of the revised Policy on Our website (www.pointamarketing.com) and any subsequent activity in relation to Our Processing of Personal Information shall be governed by the amended Policy. You are advised to regularly visit our website for any amendments or updates.

This Policy was last revised on 5 July 2023.

For enquiries, please contact Point A’s head of technology:

David Spanjaard: david@pointamarketing.com

1. Definitions

In this Policy the following definitions shall apply:

1. “Data Protection Law” shall mean the Protection of Personal Information Act, 2013;

2. “Data Processing Agreement” shall mean Our Data Processing Agreement which You signed when requesting and accepting Our Services;

3. “Data Subject/s” shall mean You, the Customer, in Your capacity as a natural or juristic person to whom Personal Information relates;

4. “Data Breach” shall mean an actual or reasonably suspected breach of security leading to the accidental or unlawful access to, or unauthorised disclosure of, or destruction, loss, alteration, of Personal Information transmitted, stored or otherwise processed;

5. “Third-Party Data Subject/s” shall mean any third-party natural or juristic person to whom Personal Information relates. For the purposes of this Policy, Third-Party Data Subjects will be Your clients and prospective clients that are generated, for and on Your behalf, through Our Services;

6. “Operator” shall mean a person who processes personal information for a Responsible Party in terms of a contract or mandate, without coming under the direct authority of that party;

7. “Personal Information” shall mean any information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person (a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person; (e) the personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and (h) 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;

8. “Policy” means this Privacy Policy;

9. “Process/Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including — (a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form; or (c) merging, linking, as well as restriction, degradation, erasure or destruction of information;

10. “Responsible Party” means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing Personal Information;

11. “Services” means any digital marketing services, web-development, hosting, and/or other services, which We provide to You;

12. “Sub-Operator/s” means any Third-Party who Processes Personal Information under Our instruction, on Your behalf, in order to enable Us to Provide You with Our Services; and

13. “Third-Party/Third-Parties” shall mean any other natural person that is not You or Us. In the context of this Policy, Third-Parties may include, but shall not be limited to: (i) Sub-Operators; (ii) Third-Party Data Subjects; and (iii) third-party actors who are not authorised to Process Personal Information.

2. When do we process personal information?

We will only process Personal Information where:

In respect of Your Personal Information:

1. You have consented to such processing (which You may withdraw at any time);

2. the Processing is necessary to carry out actions for the conclusion or performance of Our contract with You;

3. The Processing is necessary for Our legitimate interests or those of any Third-Party recipients that may receive Personal Information; or

4. We have another lawful basis upon which to process Your Personal Information.

1. You have instructed Us to do so;

2. You have warranted that You have obtained a lawful basis to share such Personal Information with Ourselves for Processing; and

3. We act in accordance with Your instructions.

3. Consents and purposes for processing personal information

Consent For Collection Of Personal Information

1. In order to provide You with Our Services, We will be required to collect Your Personal Information from time to time. Accordingly, You expressly consent to the collection of Your Personal Information for the general purpose of providing You Our Services.

2. Where You submit Personal Information of Third-Party Data Subjects to Us, or where We collect Personal Information of Third-Party Data Subjects on Your behalf, You warrant that You have obtained the necessary consents and/or lawful bases to instruct Us to do so.

Purposes For Processing And Consents Thereto

We primarily Process Personal Information that has been collected in order to provide Our Services to You. In doing so, Our purposes for collecting Your Personal Information, or that of Third-Party Data Subjects, include:

Identifying You, as Our Customer;

Facilitating communication between Ourselves and Yourself;

Sending You monthly e-mail newsletters;

Processing, billing and collecting payments from You;

Assessing Your use of and satisfaction with Our website and/or Services;

Updating You on changes to Our Services, website and policies;

Backup log of all website data including enquiries.

Provide Our Services to You;

Collecting and sharing the details of Third-Party Data Subjects with You;

Otherwise complying with the law (including the requirements in the Regulation of Interception of Communications and Provision of Communication- Related Information Act (RICA) 70 of 2002), specifically in response to a demand from government authorities where such demand meets the legal requirements, and

Conducting RICA registrations for Our call-tracking Services.

For each of the specified purposes listed above, You hereby grant us your express consent to Process Your Personal Information. You have the right to object to one or more of the specific purposes listed above and may do so in accordance with the procedure set out in Section 6 of this Policy.

Further Processing

1. We expressly acknowledge and undertake to not use any Personal Information for any other purposes that are incompatible with the above purposes, without: (i) obtaining Your consent or (ii) having another lawful basis for such further Processing.

2. In the event that a further purpose is incompatible with one of the original purposes listed above, We may update this Policy reflecting such changes.

4. Collection of personal information: What and How.

What Personal Information We Collect

1. The Personal Information that We collect will vary depending on the types of Services that You have requested.

2. Your Personal Information: When requesting and using Our Services, We collect information relating to You, either as a juristic person or as a natural person. The types of Personal Information that We collect include:

3. Your name; surname; ID number; company name; business registration number; VAT number; the names and surnames of Your company representatives;

4. Physical addresses, email addresses, phone numbers; banking details; credit card details (collected securely through our portal) relating to You or Your organisation;

5. Social media account handles, login details and passwords;

6. Google Ads, Google Analytics, Google tag manager and Google Merchant centre account login details and passwords; andGoogle Ads, Google Analytics, Google tag manager and Google Merchant centre account login details and passwords; andGoogle Ads, Google Analytics, Google tag manager and Google Merchant centre account login details and passwords; and

7. Website details, URL’s, IP addresses, server and Konsole login details, passwords and other related information.

Special Personal Information: We may record voice biometric information belonging to You, or Third-Party Data Subjects, when You call Us or when We provide Our call-tracking solution to You as part of Our Services.

1. Third-Party Data Subject Personal Information: When using Our Services, We may collect information relating to Third-Party Data Subjects. The types of Personal Information that We collect include:

2. names and surnames;

3. email addresses;

4. phone numbers; and

5. device/online identifiers.

6. Automatically Collected Information: We may also collect other information, such as Your IP address, search terms and a range of other runtime and usage Analytics. The technologies We use for automatic data collection include traditional Cookies and Google Analytics Tags, which are described in, and are subject to, Our Cookie Policy — available at pointamarketing.com

How We Collect Personal Information

We collect Your Personal Information or that of Third-Party Data Subjects, either directly or indirectly, including, without limitation, when:

You provide Us with, or submit Your details when requesting and accepting Our Services;

You provide Us with Personal Information of Third-Party Data Subjects (through Your own customer contact-lists or databases);

You sign up for Our newsletter or otherwise communicate with Us via e-mail or telephone; or when

We Manage one or more of Your websites, Google Ads or social media accounts as part of Our Services.

Accuracy of Personal Information

1. You warrant that You have taken steps to ensure that any and all Personal Information that is provided to Us, or that We collect on Your behalf, is accurate and up-to-date.

2. In the event that any of the Personal Information that You provide to Us contains any errors or inaccuracies, You agree to indemnify and hold Us, Our officers, directors, employees, agents, and members harmless from and against any claims, damages, actions and liabilities including without limitation, loss of profits, direct, indirect, incidental, special, consequential or punitive damages arising out of Our use of, or reliance on such Personal Information.

3. You also agree to notify Us immediately if You become aware that any Personal Information that has been provided to Us, or that We have collected for and on Your behalf, has been unlawfully obtained. by another person without Your consent or if You did not obtain consent before providing another person’s Personal Information to Us.

5. Sharing of personal information

1. We do not and will not sell, rent out or trade Personal Information.

2. We only share Personal Information with Third-Parties in the manner set out in this Policy and in accordance with Our Data Protection Agreement. Note that the term ‘share’ includes the act of ‘disclosing’; ‘transferring’; ‘sending’ or otherwise making Personal Information available or accessible to another person or entity.

3. In order to provide You with Our Services, We share Personal Information with the following Sub-Operators:

4. Google (for their services including: Google Analytics, Google Ads & Google Tag Manager).

5. We do not permit any of Our necessary Third-Parties to use Your Personal Information for any other purpose than to perform the services that We have instructed them to provide.

6. We may share aggregated statistical information with Third-Parties (including Our commercial partners) for advertising or marketing purposes. No Personal Information will be shared in this manner.

7. In the event that We enter into a business transaction (including the sale of Point A or the merger and acquisition of or with another company), the Personal Information held by Ourselves may be among the information assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that such an acquirer may continue to process Your Personal Information as set forth in this Privacy Policy and Our DPA.

8. Other than the above, We will not disclose Your Personal Information unless We reasonably believe that disclosure is necessary to lessen or prevent a threat to life, health or safety of an individual or to public health or safety or for certain action to be undertaken by an enforcement body (e.g. prevention, detection, investigation, prosecution or punishment of criminal offences), or where such disclosure is authorised or required by law (including the Data Protection Law).

6. Your rights

Your Personal Information

1. In respect of Your Personal Information, You may choose when, how and what Personal Information You wish to provide to Us. To the extent provided for in law, You also have certain rights in respect of Your Personal Information. In particular:

2. Withdrawal of Consent: You may withdraw Your consent at any time by sending a written request to david@pointamarketing.com. Upon receiving notice that You have revoked Your consent, We will stop using Your Personal Information within a reasonable time, which will vary depending on what information We have collected and for what purpose, and We will send You a confirmation email stating same.

3. Access or obtain a Copy of Your Personal Information: You have the right to examine any of Your Personal Information that We collect/process. Should You wish to examine the Personal Information We hold about You, or obtain a copy thereof, please send Us a written request to: david@pointamarketing.com. We reserve the right to charge You a reasonable administrative fee to access and/or obtain a physical copy of Your Personal Information.

4. Update, Modify, Rectify, Erase: the Personal Information that We hold on You; and

5. Object to the processing of Your Personal Information or Restrict Us from processing any of the Personal Information which We hold on You, including by withdrawing any consent You have previously given to the processing of such information.

Third-Party Data Subject Personal Information

1. As a Responsible Party You have certain rights in respect of the manner in which We Process Personal Information of Third-Party Data Subjects, as an Operator. The rights and obligations between Ourselves and You are set out in Our DPA.

Enforcing Your Rights

1. The above rights are not absolute, and We therefore reserve the right to refuse any requests in terms of the above-mentioned rights, for any reason permitted under the Data Protection Law or in terms of the Promotion of Access to Information Act, 2000.

2. In the event that You wish to enforce any of the above rights, You can request this by emailing Us at info@pointamarketing.com.

7. Security of information

Technical & Organisational Security Measures

1. We are committed to safeguarding and protecting any Personal Information in Our possession and We undertake to implement and maintain appropriate technical and organisational measures to safeguard any such Personal Information from: (i) accidental or unlawful destruction; (ii) loss or alteration, as well as (iii) the unauthorised disclosure of, or access to, Personal Information transmitted, stored or otherwise processed.

2. We have various security measures in place to protect the Personal Information We hold from loss and misuse, and from unauthorised access, modification, disclosure and interference – We review these processes regularly and improve them when required.

3. We will destroy or de-identify Personal Information once We no longer require it for Our business purposes, or as required by law.

Breach Notifications

1. Where We have reasonable grounds to believe that Personal Information in Our possession has been subject to a Data Breach, We will,:

2. where Your Personal Information has been compromised: undertake to notify You of such a breach as soon as reasonably possible after it is discovered. However, where a public body responsible for the prevention, detection or investigation of offences (South African Police Force / Crime Intelligence) or the Information Regulator determines that notification will impede a criminal investigation, such notification to You will be delayed.

3. where Third-Party Data Subject Personal Information has been compromised: notify You in accordance with the provisions of Our DPA.

4. Notwithstanding the above, it is emphasised that even though We have taken significant steps to protect the Personal Information in Our possession, You acknowledge and understand that no organisation, including Ours, can fully protect against security risks associated with the processing of Personal Information online.

8. How long do we retain personal information?

1. We retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy.

2. When determining how long to retain Personal Information, We take into account the necessity of the Personal Information for the provision of Our services, as well as the requirements of Our Sub-Operators, applicable laws, regulations and Our legal obligations. We may also retain records to investigate or defend against potential legal claims.

3. In respect of credit card information, We do not keep this information for longer than Thirty (30) business day, as this information is automatically deleted after it has been set up on Our billing and Sub-Operator platforms.

4. When retention of Personal Information is no longer necessary, such information will either be deleted or aggregated for analytical purposes, in which We case We will de-identify the Personal Information.

Third Party Websites

When using Our website, accessing one of Our Platforms, or engaging with one of Our monthly newsletters, You may be provided with links to Third-Party websites, platforms, or online services. These linked sites are not under Our control, and We cannot accept responsibility for the conduct or privacy practices of any Third-Parties that We may hyperlink.

Before disclosing Your Personal Information on any other website, platform or online service, We encourage You to examine the terms and conditions and privacy practices of such Third-Parties.

10. Contact

If You have any questions about this Privacy Policy or the way in which We handle Personal Information, or if You wish to invoke any of Your rights described in Section 6 above, please contact info@pointamarketing.com