TBO REPORTS - END USER LICENSE AGREEMENT
Use of this website and the data is subject to the TimBukOne (Pty) Ltd End-User License Agreement as follows below. You confirm that you have read and understood the contents of this notice and agree to be bound by the terms hereof;
1.1 "Agreement" means this End User License Agreement.
1.2 "Data" means any and all data provided by this website and the related programs and services supplied to the you, the User.
1.3 "EULA" means this End User License Agreement.
1.4 "POPI" means the Protection of Personal Information Act of South Africa
1.5 "User" means you, the end-user of this website, data, programs, and services.
1.6 "TBO" means TimBukOne (Pty) Ltd
2.1. Terms of this notice shall be governed and construed in accordance with the laws of the Republic of South Africa;
2.2. This website, software, data, and content are provided "as is" and without any express or implied warranties including warranties of merchantability or fitness for a particular purpose;
2.3. This website is licensed, not sold. You DO NOT own the software. You may not re-distribute, reverse engineer, decompile, or disassemble the software;
2.4. The data and content is licensed, not sold. You DO NOT own the data. You may not re-distribute or publish any data in any form or manner whatsoever without the prior written permission of TBO;
2.5. Your login to this website may only be used by you and must not be shared with anyone else;
2.6. The data and content may only be used by you and may not be downloaded on behalf of anyone else;
2.7. The data and content may not be used to build a competing product or for any activity which would negatively impact TimBukOne, its intellectual property, or the services it provides;
2.8. Some information supplied via this website is obtained from third parties and TBO makes no warranties in regard to such information;
2.9. Hyperlinks in this website may link to websites not under the control of TBO and TBO is not responsible for the contents of any linked website. TBO is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by TBO of the site;
2.10. This website does NOT provide any "buy" or "sell" signals. Nothing on this website should be construed as a suggestion or an offer to trade any security whatsoever;
2.11 This website may collect anonymous usage information to help improve the service;
2.12 Neither TBO nor any of its directors, officers, or employees are;
2.12.1 authorised financial services providers, representatives or intermediaries, or render financial services in respect of financial products as those terms are defined in the Financial Advisory and Intermediary Services Act, 2002 ("the FAIS Act");
2.12.2 authorised stockbrokers, or render securities services in respect of securities as those terms are defined in the Securities Services Act, 2004 ("the SS Act");
3. PERSONAL INFORMATION OF SECURITIES HOLDERS
3.1 The User acknowledges that the Data may contain Personal Information of the Securities Holders and that of other persons, and that the Processing and use thereof may be subject to or restricted by legislation and other regulatory provisions.
3.2 The User warrants and undertakes to Process the Personal Information within the parameters or limits set out in the Protection of Personal Information Act, any other applicable legislation and other applicable regulatory provisions, and in particular, it will among other things:
3.2.1 only process the Personal Information for the purpose of analysing the shareholders of public companies and not use it for any other unrelated purposes;
3.2.2 process the Personal Information in a lawful and reasonable manner that does not violate the privacy and other rights of the Securities Holders and other persons;
3.2.3 maintain the confidentiality of the Personal Information by among other things restricting access to the Personal Information only to those persons who are authorised or required to have to access to it, and ensure that such persons have committed themselves to maintain the confidentiality;
3.2.4 protect the Personal Information in its control or possession by establishing and maintaining reasonable security arrangements (including, where appropriate, physical, procedural, and technical measures) to prevent unauthorised or accidental access, collection, use, disclosure, copying, modification, or other similar risks;
3.2.5 not transfer the Personal Information to a third party who is situated outside of the Republic of South Africa;
3.2.6 commit to uphold the conditions for the lawful Processing of Personal Information set out in the Protection of Personal Information Act.
3.3 For the purposes of this clause 3:
3.3.1 "Personal Information" means information about an identifiable, living, natural person (and, where it is applicable, an identifiable, existing juristic person). Such Information may include, but not be limited to; (a) information relating to the race, gender, sex, marital status, national, ethnic or social origin, colour, age, language, and birth of the person; (b) information relating to the education, employment history of the person, or information relating to financial transactions in which the person has been involved (c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assigned to the person; (d) the name of the person where it appears with other personal data relating to the person or where the disclosure of the name itself would reveal information about the person.
3.3.2 "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; (c) merging, linking, as well as restriction, degradation, erasure or destruction of information.
3.3.3 "Protection of Personal Information Act" means the Protection of Personal Information Act 4 of 2013 (enacted in the Republic of South Africa).
4. PROCESSING CONDITIONS AS REQUIRED BY POPI
You acknowledge and confirm that the following are the eight processing conditions as required by POPI for the handling, storage, and processing of personal information and you undertake to apply them as appropriate:
4.1 Condition 1: Accountability: responsible party must comply with POPI.
4.2 Condition 2: Processing limitation: only process that which is adequate, relevant and not excessive given the purpose for which it is processed.
4.3 Condition 3: Purpose specification: only collect for specific stated purpose – cannot be used for other purpose and records must not be retained any longer than is necessary for achieving the purpose for which the information was collected.
4.4 Condition 4: Further processing limitation: compatible with initial purpose for collection.
4.5 Condition 5: Information Quality: data must be complete, accurate, up to date.
4.6 Condition 6: Openness: notification to data subject of collection, content of notification prescribed by POPI.
4.7 Condition 7: Security Safeguards: secure integrity or confidentiality of personal information – take reasonable and appropriate technical and organisational measures to prevent technical and organisational measures to prevent loss, damage, unauthorised destruction of personal information; and unlawful access or processing of personal information.
4.8 Condition 8: Data subject participation: has the right to access, right to request correction (including if incorrect, excessive, misleading).
5.1 You hereby indemnify and hold TBO, its directors, officers, and employees harmless against any claims of whatever nature and however arising that you may have against all or any one of them for any loss, liability, damage (whether direct or indirect, consequential or otherwise and whether for loss of profit, revenue, data or goodwill) or expense of any nature whatsoever which may be suffered by you as a result of which and in relation to the software and/or the data and/or the services provided to you by TBO and may be attributable directly or indirectly to -
5.1.1 any act or omission by TBO in the performance of its obligations to you;
5.1.2 the use by you of any data, information, or software furnished to you by TBO;
5.1.3 any mistake, error, or omission of TBO;
5.1.4 any failure to deliver and/or in any manner communicate any information to you;
5.1.5 any breach by TBO of any of its obligations to you arising out of any other cause whatsoever;
5.1.6 any failure in respect of TBO's obligations which results directly or indirectly from a failure or interruption in any product or services provided by third parties;
5.1.7 any termination of any third party services to TBO which result in a reduction in the functionality of the software/data or render the software/data useless for its intended purposes.
5.1.8 any termination of any data, software, or service by TBO which results in a reduction in the functionality of the software/data or render the software/data useless for its intended purposes.
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All rights reserved. Any rights not expressly granted herein are reserved.