Terms and Conditions - ANTI.Social

TERMS AND CONDITIONS and DATA PRIVACY POLICY

ANTI.Social Collective (Pty) Ltd | LEANco Consulting | Wild Baobab | Nikolai Lombaard | Lynette Lombaard

DEFINITIONS
1. “ANTI.Social Collective (Pty) Ltd” means “ANTI.Social Collective (Pty) Ltd”, “LEANco Consulting”, “Nikolai Lombaard” and “Lynette Lombaard” or any of its associated entities as the context may indicate or as applies in the circumstances;

“Agreement” means this agreement as recorded and concluded in electronic form;

"Business Day" means any day other than Saturday, Sunday or public holiday in the Republic of South Africa;

“Calendar Month” means any calendar month beginning on the first day of the same month and ending on the last day of the same month;

“Client” means the person who does hereby subscribe to any of the products or services offered by ANTI.Social Collective (Pty) Ltd;

“Effective Date” means the date on which the Client successfully subscribes to the products or services offered by ANTI.Social Collective (Pty) Ltd, which includes the creation of an account, not limited to financial contribution, and is the date from which the Client will be bound by the terms of this Agreement;

“Parties” means the Client and ANTI.Social Collective (Pty) Ltd, and “Party” means any one of them, as the context might indicate;

“Personal Information” means, insofar as it pertains to the Client, information described as such in Chapter 1 of the Protection of Personal Information Act, No 4 of 2013 and includes, but is not limited to their name; identity and/or passport number; date of birth; age; gender; race; ethnicity; physical address; email address; landline and cellular telephone numbers; education or other personal credentials; online / instant messaging identifiers; photographs; private and open correspondence; financial and banking information;

“Services” means any product or service offered by ANTI.Social Collective (Pty) Ltd including but not limited to Design, Branding, User Experience, Communications, Digital, Innovation, Project & Team Management;

“Termination Date” means the date of termination of the Agreement in terms of clause 14 by the Client to ANTI.Social Collective (Pty) Ltd, or 1 Calendar Month after written notice of termination is provided by ANTI.Social Collective (Pty) Ltd to the Client;

INTERPRETATION
1. This Agreement includes all of the material information contained on and entered onto the website or platform on which it is contained, by the Parties.

The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of this Agreement nor any clause hereof.
Unless a contrary intention clearly appears, words importing:
1. Any one gender includes the other genders;
2. The singular includes the plural and vice versa; and
3. Natural persons include created entities (incorporated or unincorporated) and vice versa.
If any provision in a definition is a substantive provision conferring rights or imposing obligations on a Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision of this Agreement.

Expressions defined in this Agreement bear the same meanings as words contained on and entered onto the site or platform on which this Agreement is contained.

The provisions of the preamble, introduction, annexures and other recordials in the Agreement are binding on the Parties and are not intended to be merely informative.

In the event of conflict between this Agreement and the schedules or annexures to this Agreement (if any), the provisions of this Agreement shall prevail, save to the extent that any schedules or annexures expressly provide otherwise.

If a term is defined within the context of a clause in this Agreement, that definition shall, unless it is clear from that clause that the definition has limited application to it, have the same meaning throughout this Agreement.

The rule that a contract shall be interpreted against the Party responsible for the drafting or preparation of the contract (the Contra Proferentem Rule), shall not apply to the interpretation of this Agreement.

The words "include", "including" and "in particular" shall not be interpreted as limiting the generality of any preceding word/s or introducing an exhaustive list.

Any reference in this Agreement to any other agreement, document or statute shall be interpreted as a reference to such other agreement, document or statute as same may have been amended varied, novated or supplemented, or may from time-to-time hereafter be, amended, varied, novated or supplemented.

Any reference to any legislative provision is deemed to include any subordinate or delegated legislation.
Where in this Agreement a number of Business Days is provided for between the happening of one event and another, the number of days must be calculated by:
1. Excluding the day on which the first event occurs;
2. Including the day on or by which the second event is to occur; and
3. Excluding any public holiday, Saturday or Sunday that falls on or between the days contemplated above, respectively.

Where figures are referred to in numerals and in words, the words shall prevail if there is any conflict between them.

The provisions of the preamble, introduction and other recordals are binding on the Parties and are not intended to be merely informative.

Where in this Agreement provision is made for the giving of a notice, the notice shall be given in writing.

The termination or cancellation of this Agreement shall not affect the operation of clauses which are intended to remain in force, including but not limited to those clauses (if any) which provide for:
1. The non-disclosure of confidential information;
2. The protection of intellectual property rights;
3. The provision of indemnity.

PURPOSES OF AGREEMENT

The purpose of this Agreement is to define the principle terms of engagement and relationships between the Client and ANTI.Social Collective (Pty) Ltd with regards to the provision of Services, and the Client hereby accepts and agrees to the terms of this Agreement, as updated from time to time and published on the ANTI.Social Collective (Pty) Ltd website.

INDEMNITY
1. The Client acknowledges that:
  1. ANTI.Social Collective (Pty) Ltd makes no warranties or guarantees in any way to the Client about the efficacy of the Services or any Third Party Platforms.

ANTI.Social Collective (Pty) Ltd hereby excludes itself, its directors, employees, representatives and agents from all and any liability arising from the following:
1. Loss or damage caused by any inaccuracy;
2. Loss or damage caused by omission;
3. Loss or damage caused by delay or error, whether the result of negligence or other cause in the delivery of the services;
4. Loss or damage to Client’ artwork/photos, supplied for the delivery of the services, whether as a result of negligence or other cause;

REGISTRATION AND CREATION OF AN ACCOUNT

The Client acknowledges that:
1. In the event of the security of the account being compromised, ANTI.Social Collective (Pty) Ltd reserves the right to suspend the processing of any communications and will immediately deactivate the associated login credentials.
2. The Client hereby indemnifies ANTI.Social Collective (Pty) Ltd, its directors, employees, representatives and agents, for any and all losses, damages and expenses arising from Client failure to ensure the security of the account, including all legal fees, on an attorney-Client scale.
3. By creating an account with ANTI.Social Collective (Pty) Ltd, the Client agrees to refrain from:
  1. Selecting or using a name, mobile phone number, or e-mail address of another person with the intent to impersonate that person;
  2. Using a name, mobile phone number, or e-mail address subject to the rights of any person without their authorisation;
  3. Using “bots” or other automated ways to create an account; or
  4. Using name in violation of the intellectual property rights of any person.

INTELLECTUAL PROPERTY AND COPYRGHT

The Client acknowledges that:
1. The Client retains the right to data, files, and graphic logos provided by the Client, and grants ANTI.Social Collective (Pty) Ltd Limited rights to publish and use such material;
2. The Client must obtain permission and rights to the use of any information or files that are copyrighted by a third party;
3. The Client further grants ANTI.Social Collective (Pty) Ltd Limited permission and rights for the use of same, and agrees to indemnify and hold harmless ANTI.Social Collective (Pty) Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions;
4. The acceptance of these terms and conditions shall be regarded as a guarantee by the Client to ANTI.Social Collective (Pty) Ltd that all such permissions and authorities have been obtained.

Creative Credit:
1. The Client agrees that ANTI.Social Collective (Pty) Ltd may Include the mention of the Client, by name or by use of their logo graphic or any other recognisable symbol on the ANTI.Social Collective (Pty) Ltd website and social media accounts for the purpose of advertising;
2. The Client further agrees that ANTI.Social Collective (Pty) Ltd may publish visual representations of the services rendered to the Client on the ANTI.Social Collective (Pty) Ltd website and social media accounts after the work has been delivered to the Client, and in the case of any new launches, after such has commenced, for the purpose of advertising and portfolio display;

ANTI.Social Collective (Pty) Ltd acknowledges that:
1. The Client retains the right to any intellectual property that has been developed by ANTI.Social Collective (Pty) Ltd on behalf of the Client;
2. Once paid for in full, the Client retains the right to any physical or digital content created during the provision of services by ANTI.Social Collective (Pty) Ltd on behalf of the Client;

RETAINER FEES AND PERIOD OF RETAINER

The Client shall be liable for the payment to ANTI.Social Collective (Pty) Ltd of either the once off fee, or the monthly retainer fee for the various services offered by ANTI.Social Collective (Pty) Ltd as selected and agreed upon by the Client from the Effective Date until the Termination Date.
The Agreement shall run on a recurring month to month basis in the event of retainer services.

In order to terminate the Agreement, the Client shall give ANTI.Social Collective (Pty) Ltd written notice of termination on or before the 15th day of any Calendar Month and the Agreement shall terminate on the last day of the following Calendar Month.

ANTI.Social Collective (Pty) Ltd shall be entitled to increase the subscription fee by providing one Calendar Month’s written notice to the Client.

The subscription fee increase shall take effect on the date as specified in the written notice provided for in clause 14.4.

In the event that the Client gives notice to terminate the Agreement, until the Termination Date the Client shall be liable for the retainer fee amount as it existed at the time, he gave notice of termination.

CANCELLATIONS AND REFUNDS ON ONCE OFF SERVICES

The Client shall be liable for the full payment to ANTI.Social Collective (Pty) Ltd of the once off fee as outlined in the packages chosen by the Client, or by acceptance of a quote provided by ANTI.Social Collective (Pty) Ltd to the Client.

In the event that the services have been cancelled by the Client, the following refund policy shall apply:
1. In the event that the services have been cancelled prior to the commencement of the delivery of service, a 6% cancellation fee shall apply, and the balance shall be refunded to the Client;
2. In the event that the services has been cancelled post the commencement of the delivery of service, it is non-refundable. All monies paid are retained by ANTI.Social Collective (Pty) Ltd and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the Client;
In the event that the services have been cancelled by ANTI.Social Collective (Pty) Ltd the following shall apply:
1. In the event that the services have been cancelled by ANTI.Social Collective (Pty) Ltd due to unforeseen circumstances or otherwise, and should this be prior to the commencement of the delivery of service, a full refund will be payable to the Client;
2. In the event that the services have been cancelled by ANTI.Social Collective (Pty) Ltd due to unforeseen circumstances or otherwise, and should the service delivery already have commenced, a prorata fee shall be calculated based on the work that has already been completed, or will have been completed by the termination date, and this will be deducted from the payment received by the Client, the balance of which shall be refunded to the Client;

In order to cancel the once of service, either party shall give the other written notice of termination, and the cancellation shall be deemed to be in effect from the moment at which the written notice is delivered, and the amount to be refunded shall be calculated based on the date on which the written notice was delivered in comparison to the purchase, and the commencement of the delivery of service.

Refunds shall be paid within 20 business days of the date that the written cancellation notice was delivered.

SCOPE OF WORK

The Scope of Work is considered to be what is outlined in the particular services that the Client has paid for, and/or in the Quote that has been provided to the Client and for which the Client has paid. The specific and general services available and can be viewed in annexure A.

The information provided by the Client during the completion of the order process including any copy, images, information and specifications forms part of the project specification document and SLA agreement which will be submitted back to the Client within two (2) business days of the closing of the order process.

Included in that SLA agreement will be outlined and agreed upon timelines for the delivery of the services as well as the Scope of Work in relation to the particular services that have been paid for by the Client.

What is considered beyond the Scope of Work is the following:
1. Any additional requirements to the project that were not included in the initial specification in terms of the services that was paid for, and/or the Quote that has been provided to the Client and for which the Client has paid, as well as in the following SLA agreement.
2. Anything that is outside the parameters of the initial Scope of Work
3. Any changes to the Scope of Work that is made after the finalisation of the order for services paid for by the Client
4. Any changes that are made during the process of Revise, that changes the nature of the service and/or goes beyond what has been specified in the Scope of Work
5. Any small, inadvertent and uncontrolled changes that can lead to continuous growth of a scope leading to increased costs and scheduling overruns.

If the Client requires further revisions or the development of additional assets beyond the scope of the services that have been selected, it is considered to be beyond the “Scope of Work” and ANTI.Social Collective (Pty) Ltd will bill at an hourly rate for any such additional work. This will be conveyed to the Client prior to any further work commencing and subject to the approval of the Client.

CLIENT REVISIONS

ANTI.Social Collective (Pty) Ltd will provide the Client with up to three opportunities to Revise the appearance and content of the purchased services during the process of delivery of the service. At the completion of the delivery of services, such materials will be deemed to be accepted and approved unless the Client notifies ANTI.Creative Social otherwise within ten (10) days of the date that the material is made available to the Client.

For work that includes design aspects, unless otherwise specified herein, ANTI.Social Collective (Pty) Ltd will make up a version of the project, send it via email, and in some cases where relevant present it to the Client, and make any reasonable changes requested by the Client. ("Reasonable" refers to routine changes such as colours, fonts, moving things around a bit, sizing’s, etc.) That process constitutes one "round" of changes, of which a maximum of three will be provided for without incurring additional fees.
Each round of revision provided by Client must be done so in a single email, detailing in writing every amendment requested in detail.

If a requested revision is considered by ANTI.Social Collective (Pty) Ltd to be significant, major, a new direction, etc., then ANTI.Social Collective (Pty) Ltd will discuss such with the Client, as this may incur additional fees, billed at the standard hourly rate.

If the Client requires further revisions or the development of additional assets beyond the scope of the services that have been selected, it is considered to be beyond the "Scope of Work" and ANTI.Social Collective (Pty) Ltd will bill at an hourly rate for any such additional work. This will be conveyed to the Client prior to any further work commencing and subject to the approval of the Client.

WRITTEN NOTICES

All written notices to ANTI.Social Collective (Pty) Ltd provided for in this Agreement shall only be capable of being relied upon and regarded as received by ANTI.Social Collective (Pty) Ltd if delivered to ANTI.Social Collective (Pty) Ltd by the following means:
1. By email transmission to info@antisocialcreative.com

BREACH
1. If the Client breaches any provision of this Agreement and, if such breach is capable of being remedied, fails to remedy the breach within 10 Business Days after written notice has been given to the Client by ANTI.Social Collective (Pty) Ltd requiring the breach to be remedied, ANTI.Social Collective (Pty) Ltd shall be entitled, without prejudice to any other rights it may have, to
  1. Seek an order for specific performance against the Client; or
  2. To cancel this Agreement and claim for:
  3. Any damages suffered by ANTI.Social Collective (Pty) Ltd; and / or

Restitution of performance made by ANTI.Social Collective (Pty) Ltd pursuant to the fulfilment of the Client’s obligations in terms of this Agreement.

The Client shall be liable for all legal costs and expenses (calculated on an attorney and own Client scale) incurred as a result of any breach of any provision of this Agreement by the Client.

FORCE MAJEURE

ANTI.Social Collective (Pty) Ltd shall not be liable for any delay or interruption in delivery or performance of the Agreement or any failure or delay to perform any other of its obligations under the Agreement due to any cause beyond its direct control, including but not limited to any of the following: strikes, lock-outs or other industrial action; sabotage, terrorism, civil commotion, riot, invasion, war or threat of or preparation for war; state of emergency, fire, explosion, storm, flood, drought, subsidence, an act of God, unfavourable weather conditions, epidemic, pandemic or any natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; any act or policy or change in legislation of any state or government or other authority having jurisdiction over either party; power or water supply interruption, any inability on its part to obtain or receive any imported equipment, goods or materials from any supplier due to any failure on the part of such supplier to deliver the equipment, goods or materials in question as a result of the action of its own government or any other boycott or sanction or embargo which it chooses to observe and which is directed at the government of the Republic of South Africa or any national or anyone connected with the Republic of South Africa, or for any other similar reason (“Force Majeure”) including in a region or country where an Client is present.

Upon the occurrence of any delay or failure occasioned by a Force Majeure, the provisions of the Agreement which are affected shall be suspended for as long as the cause in question continues to operate. Once the Force Majeure no longer applies, ANTI.Social Collective (Pty) Ltd will resume performance of its obligations as soon as its planning permits, provided that if that cause has not ceased within 120 calendar days from when it arose, the Agreement may be terminated by either Party.

The Client is not entitled to compensation for the damages suffered or to be suffered as a result of the Force Majeure, suspension or termination as referred to in this clause and the Client shall have no claim for restitution of monies paid in respect of Services which have already been delivered.

GENERAL
1. This Agreement supersedes all other discussions, agreements and/or understandings between representatives of ANTI.Social Collective (Pty) Ltd and the Client regarding the subject matter hereof.

This Agreement shall in all respects (including its existence, validity, interpretation, implementation, termination, and enforcement) be governed by the law of the Republic of South Africa.

The Client consents to the jurisdiction of the High Court of South Africa, KwaZulu-Natal, Durban Local Division in respect of any dispute arising out of this Agreement, however ANTI.Social Collective (Pty) Ltd shall not be obliged to institute action out of that Court.
Any provision of this Agreement, which is presently or in the future becomes illegal, invalid, or unenforceable shall, to the extent of such illegality, invalidity or unenforceability, be treated as if it had not been drafted and shall be severed from this Agreement, without invalidating the remaining provisions of this Agreement.

The Parties agree that no Party shall be entitled to cede its rights and / or delegate its obligations in terms of this agreement to a third party without the prior written consent of the other Parties, which consent shall not be unreasonably withheld. However, a ANTI.Social Collective (Pty) Ltd may cede its rights and / or delegate its obligations to an associated party within its group structure.

Any provision in this Agreement, which is or may become illegal, invalid, or unenforceable in any jurisdiction shall, with respect to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severed from the balance of this Agreement, without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

ADDITIONAL INFORMATION PROVIDED IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002

Full name and legal status	ANTI.Social Collective (Pty) Ltd
Website	https://antisocialcreative.com/
Email address	info@antisocialcreative.com
Full price	As per the ANTI.Social Collective (Pty) Ltd Website, or quote provided to Client
Manner of payment	EFT, Credit Card
The time within which the services will be rendered	The timeline will be provided to Client as part of the SLA agreement sent post completion of the transaction.
Manner and period within which consumers can access and maintain a full record of the transaction	The Client should provide a written request by email, allowing for 2 business days for the delivery of said records.
Privacy policy	Can be viewed on the ANTI.Social Collective (Pty) Ltd website (https://antisocialcreative.com/terms-and-conditions) attached below

ANNEXURE A: ADDITIONAL DEFINITIONS OUTLINING THE VARIOUS SERVICES AND PRODUCT OFFERINGS OF ANTI.SOCIAL COLLECTIVE (PTY) LTD

GENERAL SERVICES

DESIGN:
1. With over 14 years of experience in the design industry, we can confidently take on any design project from significant product development projects to single banners or posters. Our unique design style goes against the grain and helps cause disruption, providing an innovative new take on advertising material.
  1. Website & App Design
  2. Graphic design (including Prepress setup)
  3. Packaging and Point of Sale Design

BRANDING:
1. Your brands are the face of your business. We center on building new brands or improving existing brands, from the values and personality to the corporate identity and creative strategy behind the brand. Strategically targeting what and how the brand communicates to aid in gaining brand awareness and brand relevance.
  1. Building & Guidelines (Including Brand personality, Values and User case samples)
  2. Creative Strategy
  3. Brand / Corporate Identity

USER EXPERIENCE:
1. We cover end to end-user experience creation from a strategic standpoint that starts with a user’s perception of your brand/organisation. It includes factors such as support and Client services, turn-around times and maintaining commitments right up to addressing barriers to entry, ease of use, product experience and user delight.
  1. Website & App Design
  2. User Experience and User Interface design
  3. User journey strategy

COMMUNICATIONS:
1. Communication is the most vital yet overlooked part of any marketing strategy or brand. More than just marketing a product, we focus extensively on communication, with a customer-driven (relationship) marketing approach. We aim to ensure your customer is well looked after and relates to the product and brand values. We believe customer satisfaction and delight will facilitate sales and that marketing media is a tool used to communicate and encourage brand understanding.
  1. Internal Communication strategy
  2. External Communication & PR strategy
  3. Marketing Strategy (Campaign focused, or overall marketing communication planning)

DIGITAL:
1. In today's age it is undeniable that digital marketing is of critical importance. We can help you go digital with social media accounts, a website or blogs, applications, and instant messaging. Going online is the first step to digital success, but the marathon truly begins with content and engagement. We can assist by setting up a content strategy for your business which can be implemented across the digital board.
  1. Social Media Management
  2. Content Management
  3. Emailer and SMS Communication
  4. Instant Messaging bots
  5. Digital Marketing
  6. Content Pillars and Content planning

INNOVATION:
1. We act as a sounding board to your thoughts and ideas, which we analyse and sift through and to which we provide feedback, suggestions, and solutions. We work through all elements to make sense of the overall idea, tying all aspects together to make workable steps forward and a formal concept. This step usually precedes a process flow. (Note: All IP remains the property of the Client)
  1. Brainstorming
  2. Sounding Board
  3. Refining ideas
  4. Strategic Processing & formulating of concept
  5. Planning
  6. Creative and Communication-related new product development

PROJECT TEAM MANAGEMENT:
1. ANTI.Social Collective's software development arm is a powerhouse of innovation. The team engineers disruptive solutions that redefine industries. Whether it's cutting-edge applications, interactive websites, or groundbreaking software, the focus is on pushing technological boundaries and creating experiences that resonate.Creative Team management
  1. Software Development
    1. Custom
    2. App
    3. Full stack

PROJECT TEAM MANAGEMENT:
1. We can help set up a creative department for your business including staffing requirements, standard operating procedures, and management. We can also manage a creative project from conception to completion. This includes process creation such as project tracking, the creation of a process flow to outline project goals & objectives, layout & functionality wireframes etc.
  1. Creative Team management
  2. Creative Director functionality
  3. Operations planning (Creative, Customer Service, Internal Customer and Comms Quality Assurance or Software Development Teams)
  4. Standard operating procedure & supporting documentation setup e.g., briefing templates, Organogram, Gant Chart/project tracking processes

ADDITIONAL AVAILABLE RESOURCES:

Not finding what you are looking for? Let us know what you need, and perhaps we have the capability in house, or can outsource and manage the requirements on your behalf. Below is a list of a few of the additional services that we can provide on request.
1. Copywriting & Editing
2. Product Photography
3. Basic Videography/Video editing
4. Printing of advertising materials

ANNEXURE B: DATA PRIVACY POLICY

This Privacy Policy (“policy”) governs the collection, management, and disclosure of personal information that ANTI.Social Collective (Pty) Ltd (“we”, “us” or “our”) collects through the servicing of our Clients. We respect your rights to the responsible management of your personal information under the Protection of the Personal Information Act 4 of 2013 (“the act”). For the purposes of this policy, personal information is defined in accordance with the definition provided in the act. Your use of any ANTI.Social Collective (Pty) Ltd service is subject to this policy. By using the ANTI.Social Collective (Pty) Ltd and agreeing to the terms and conditions as laid out in this document you signify your consent. If you are younger than 18, you acknowledge that you have obtained consent from a parent or guardian and that you are not in any way obscuring the duty to obtain such consent, to processing of your personal information in accordance with this privacy policy. ANTI.Social Collective (Pty) Ltd may amend this policy at any time. All amended terms shall be effective immediately upon the revised policy being made available and any subsequent activity in relation to the application shall be governed by such amended terms and conditions of usage. if you do not agree with any term in this policy, please do not use this application or submit any personally identifiable information through this application.

DEFINITIONS

The following definitions shall apply over and above those in the main body of the Agreement:

Child” shall mean a natural person under the age of 18.

“Competent Person” shall mean a person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child.
“Personal Information” shall mean personal information as defined in the Protection of Personal Information Act , South Africa including information relating to
1. Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
2. The personal opinions, views or preferences of the person;
3. 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;
4. The views or opinions of another individual about the person; and
5. 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

UNDERSTANDING PERSONAL INFORMATION

The term “Personal Information” has the meaning given to it in the Act. Generally, it is any information that can be used to personally identify you. This may include your name, surname, address, telephone number and/or email address. Should the information we collect personally identify you, or you are reasonably identifiable from it, the information will be considered personal information. Your Personal Information will not be shared, sold, rented, or disclosed other than as described in this Privacy Policy.
The processing of Personal Information shall include the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as blocking, degradation, erasure, or destruction of information. ANTI.Social Collective (Pty) Ltd strives to ensure that the conditions set out in the Act and all the measures that give effect to such conditions, are complied with when processing Personal Information. In particular, ANTI.Social Collective (Pty) Ltd strives to ensure that Personal Information is processed in a manner that is lawful, adequate, relevant and not excessive given the purpose of collection.

COLLECTION OF PERSONAL INFORMATION

Subject to consent, we collect Personal Information from the following entities:
1. Natural persons over 18;
2. Registered ANTI.Social Collective (Pty) Ltd Clients; and
3. People who send enquiries or requests to our contact email address.
Personal Information that may be collected by ANTI.Social Collective (Pty) Ltd includes:
1. First and Last name;
2. Country of residence;
3. Location information;
4. Province;
5. Physical address;
6. Mobile phone number;
7. Email address;

ANTI.Social Collective (Pty) Ltd collects and processes Personal Information that is provided to them by Clients and or parents, guardians and/or Competent Person in the following instances:
1. On registration for the purchase of or enquiry to ANTI.Social Collective (Pty) Ltd and/or associated services;
2. Via correspondence via e-mail or telephone.

ANTI.Social Collective (Pty) Ltd retains records for a period that is required by law and you hereby consent to such retention of Personal Information.

There may be instances where we may also collect some information that is not Personal Information/Special Personal Information because it does not identify you or anyone else (we may collect anonymous answers to surveys or aggregated information about how you use our Application).

USE AND PURPOSE OF COLLECTING PERSONAL INFORMATION

The primary purpose for collecting and processing your Personal Information is to enable us to provide you access to the ANTI.Social Collective (Pty) Ltd applications and the emergency response service. ANTI.Social Collective (Pty) Ltd also collects and processes Personal Information in order:
1. To identify the Client to effect the delivery of services;
2. To re-confirm Client information whenever the Client makes a new purchase of a service;
3. To communicate with the Client;
4. To verify the Client’s identity;
5. To process and respond to any complaint made by you;
6. To enable ease of use of the ANTI.Social Collective (Pty) Ltd virtual consultation, and/or purchasing of subsequent services;
7. To assess the performance of the ANTI.Social Collective (Pty) Ltd;
8. To engage in legitimate electronic communications and transactions with you;
9. To provide feedback on any related enquiries;
10. To provide you with direct marketing material if elected by you
11. To update our records and keep your contact details up to date;
12. To comply with any law, rule, regulation, lawful and binding determination, decision, or direction of a regulator, or in cooperation with any governmental authority of any country.

ANTI.Social Collective (Pty) Ltd also uses the information collected, including the voice recordings, to address internal technical and business processes and improve service delivery. We research Clients’ habits, measure traffic patterns in the aggregate, analyse trends, administer ANTI.Social Collective (Pty) Ltd, track Clients’ actions on the ANTI.Social Collective (Pty) Ltd website and social media accounts, and gather broad demographic information for the purpose of improved communication, service delivery and user experience.

CONSENT FOR PROCESSING PERSONAL INFORMATION

By using the services provided by ANTI.Social Collective (Pty) Ltd, you hereby consent to your Personal Information for the abovementioned purposes, associated purposes and to (a) update our records; (b) keep your contact details up to date; (c) to comply with any law, rule, regulation, lawful and binding determination, decision, or direction of a regulator, or co-operate with any governmental authority of any country.

By using the services provided by ANTI.Social Collective (Pty) Ltd, you represent that you are over the age of 18 or where you are under 18, a Competent Person has given consent to allow you to utilise the services offered by ANTI.Social Collective (Pty) Ltd. This consent is effective on interaction with the ANTI.Social Collective (Pty) Ltd website.

You, or a Competent Person in the case of a child, consent/s to the processing of Personal Information. As a Competent Person you agree that giving such consent means that you have given ANTI.Social Collective (Pty) Ltd permission to collect and process the child’s Personal Information in the ways described in this Policy.

You understand that your consent to the processing of your Personal Information by ANTI.Social Collective (Pty) Ltd pertains to the provision of information for use in the delivery of services by ANTI.Social Collective (Pty) Ltd; as well as associated purposes.

Personal Information may be processed by ANTI.Social Collective (Pty) Ltd in the country where it was collected as well as other countries where laws regarding processing of Personal Information differ.

Should you select the option to join the Communication mailing list and receive news alerts, you consent to the receipt of direct marketing communications regarding all business activities and news.

You expressly consent to ANTI.Social Collective (Pty) Ltd retaining your Personal Information once your relationship with ANTI.Social Collective (Pty) Ltd has been terminated and using the information for aggregate, statistical and reporting purposes.

HANDLING OF PERSONAL INFORMATION

ANTI.Social Collective (Pty) Ltd endeavours to comply with all laws and regulations applicable to ANTI.Social Collective (Pty) Ltd pertaining to information and communications privacy including, but not limited to, the 1996 South African Constitution and the Protection of Personal Information Act 4 of 2013 (“the Act”). ANTI.Social Collective (Pty) Ltd applies the principles of protection of Personal Information under the Act and further legislation referred to in the Act.

ANTI.Social Collective (Pty) Ltd seeks to ensure the quality, accuracy, and confidentiality of Personal Information in its possession. You warrant that all Personal Information supplied by you is both true and correct at the time of provision. In the event of any aspect of this Personal Information changing post submission, it is your responsibility to immediately notify ANTI.Social Collective (Pty) Ltd of the said changes by email to info@antisocialcreative.com
You agree to indemnify ANTI.Social Collective (Pty) Ltd, its directors, employees, representatives, and agents from and against any claims, damages, actions, and liabilities including without limitation, indirect, incidental, special, consequential, or punitive damages arising out of ANTI.Social Collective (Pty) Ltd’ reliance on your personal information should your personal information contain any errors or inaccuracies.

You warrant that you have the authority, permissions and consent to provide ANTI.Social Collective (Pty) Ltd with any third-party information submitted to ANTI.Social Collective (Pty) Ltd.

ANTI.Social Collective (Pty) Ltd will take all reasonable measures in order to ensure your Personal Information is appropriately safeguarded, these precautions include, but are not limited to: firewalls, access control mechanisms via private keys, privacy protocol steps and software protection for information security.

THIRD PARTY ACCESS TO PERSONAL INFORMATION

ANTI.Social Collective (Pty) Ltd may share your personaI Information with authorised third parties such as service providers to ANTI.Social Collective (Pty) Ltd. These include, but are not limited to, data hosting service providers.

Personal Information will be used for administrative purposes, enabling the execution of Services.
ANTI.Social Collective (Pty) Ltd does not permit these parties to use such information for any other purpose than to perform the services that ANTI.Social Collective (Pty) Ltd has instructed them to provide. All processing is compatible with such purpose.

ANTI.Social Collective (Pty) Ltd may appoint certain agents, third parties and/or service providers which operate outside the borders of the Republic of South Africa. In these circumstances ANTI.Social Collective (Pty) Ltd will be required to transmit your Personal Information outside South Africa. The purpose of the transborder transfer of your Personal Information may include, but is not limited to: data hosting and storage. You expressly consent to the transborder flow of your Personal Information.

RETENTION AND RESTRICTION OF RECORDS

On receipt of instructions from you, ANTI.Social Collective (Pty) Ltd will destroy or delete a record of Personal Information about you, which ANTI.Social Collective (Pty) Ltd is no longer authorised to retain. This is subject to certain exceptions such as retaining records that ANTI.Social Collective (Pty) Ltd is required by law to retain. ANTI.Social Collective (Pty) Ltd is entitled to retain de-identified information for authorised or legitimate purposes.

In the event that you wish to revoke all consent pertaining to your Personal Information and/or you would like ANTI.Social Collective (Pty) Ltd to remove and/or delete your Personal Information entirely, you may contact ANTI.Social Collective (Pty) Ltd via email info@antisocialcreative.com
Records relating to the provision of information to and/or by you can be retained by ANTI.Social Collective (Pty) Ltd in terms of legislative records retention provisions and includes your Personal Information and/or Special Personal Information.

ANTI.Social Collective (Pty) Ltd retains records for a period that is longer than is required by law for statistical or research purposes.

UPDATING OF PERSONAL INFORMATION

You have access to all personal information which you have provided through your registered account on the ANTI.Social Collective (Pty) Ltd website.

This personal information (excluding your registered username) can be updated by yourself at any time, by logging in to your registered account.

You may request access to any Personal Information we hold about you at any time by contacting us on info@antisocialcreative.com

If you believe that Personal Information/Special Personal Information we hold about you is incorrect, incomplete, or inaccurate, then you may request us to amend it. We will consider if the information requires amendment. If we do not agree that there are grounds for amendment or that we cannot amend the information as required, we will retain a note about the request.

Where we hold information that you are entitled to access, and if you are unable to access this information through your registered account, we will try to provide you with suitable means of accessing it (for example, by emailing it to you).

There may be instances where we cannot grant you access to the Personal Information we hold. We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. Should this be the case, we will give you written reasons for any refusal.

DISCLOSURE OF PERSONAL INFORMATION
1. Business records relating to the provision of information by ANTI.Social Collective (Pty) Ltd to you can be retained by ANTI.Social Collective (Pty) Ltd in terms of legislative records retention provisions and includes your Personal Information. Records can be retained for operational purposes. Where ANTI.Social Collective (Pty) Ltd shares your Personal Information with Employees and other Service providers, ANTI.Social Collective (Pty) Ltd does not permit such parties to use the information for any other purpose than those pertaining using, maintaining and/or running of ANTI.Social Collective (Pty) Ltd and associated services.

We may disclose your Personal Information to:
1. Our employees to enable us to operate;
2. Fulfil requests by you, and to otherwise provide information and services to you;
3. Suppliers and other third parties with whom we have commercial relationships, for business and related purposes; and/or
4. Any organisation for any authorised purpose with your express consent.
We may further disclose your Personal Information in the following instances:
1. To comply with the law or legal process;
2. To protect ANTI.Social Collective (Pty) Ltd’ rights, facilities, and other property;
Personal Information is stored on servers both inside and outside of South Africa.
We have placed security safeguards to protect your Personal Information through agreements concluded with Third Party Service Providers. We will not be held liable for any illegal activity or other activity that may result in a claim for damages due to lack of protection of your Personal Information/Special Personal Information whilst under the care of the third party.

SECURITY OF PERSONAL INFORMATION

We take reasonable steps to ensure your Personal Information is protected from misuse, loss and from unauthorised access, modification, or disclosure. However, ANTI.Social Collective (Pty) Ltd does not make any warranties or give any undertakings that the Authorised User information shall be entirely safe and secure from unauthorised access or use. We may hold your information in either electronic or hard copy form. We use third parties who may have access to your Personal Information and who have undertaken to protect your Personal Information.

Should an unauthorised person/s gain access to your Personal Information ANTI.Social Collective (Pty) Ltd will contact you within a reasonable time to inform you of such access.
As our ANTI.Social Collective (Pty) Ltd website is linked to the internet, and the internet is inherently insecure, we cannot provide any assurance regarding the security of transmission of information you communicate to us online. We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any Personal Information or other information which you transmit to us online is transmitted at your own risk.

DATA SUBJECT PARTICIPATION

Should you have enquiries concerning Personal Information processed by ANTI.Social Collective (Pty) Ltd, you can request feedback that describes the Personal Information held by ANTI.Social Collective (Pty) Ltd, and information about third parties, or categories of third parties who provide services to ANTI.Social Collective (Pty) Ltd, who have, or have had, access to the information. you may request ANTI.Social Collective (Pty) Ltd correct or delete your Personal Information in its possession or under its control that is inaccurate, irrelevant, excessive, misleading, or obtained unlawfully; or destroy or delete a Personal Information that ANTI.Social Collective (Pty) Ltd is no longer authorised to retain. As a Client, you have the right to request access, correction, or deletion of your Personal Information.

INDEMNITY
1. You agree to indemnify ANTI.Social Collective (Pty) Ltd, its directors, employees, representatives and agents 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 ANTI.Social Collective (Pty) Ltd’ reliance on your Personal Information should your Personal Information contain any errors, inaccuracies or be irrelevant to the use of the Application.

CONTACTING US

Should you have any questions about this Privacy Policy, or require a correction to be made to your Personal Information that ANTI.Social Collective (Pty) Ltd keeps on record, or a copy of the record itself, or should you feel that you would like to object to the collection, Use or processing of your Personal Information by ANTI.Social Collective (Pty) Ltd, or that you would like us to delete your personally identifiable information, then kindly send an e-mail to info@antisocialcreative.com. We will endeavour to make the correction, provide you with the record, cease processing of your Personal Information and/or delete it, in accordance with your request.

We will treat your requests or complaints confidentially.

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