Terms and Conditions.

Terms of Service. 

These Terms of Service, together with any other referenced terms and policies, are incorporated herein by reference and constitute an integral part of this agreement as of the Effective Date. They govern your access and use of this Website (www.wyzetalk.com) (our “Website“), our Services (“Services”), and our App (“App”).  

You acknowledge the binding nature of these Terms and signify your consent to them by either: (i) clicking on a button or checking a checkbox to accept these Terms; or (ii) registering, using or accessing the Services and Wyzetalk’s mobile application, whichever occurs first (“the Effective Date”). 

If you do not agree to abide by these Terms of lack the authority to bind your employer or any other Applicable entity, please refrain from accepting these Terms or accessing or using the Services, Website, or Wyzetalk mobile application.  

1. Definitions

•  “We“, “us“, “our” or “Wyzetalk” means Wyzetalk Proprietary Limited, a company registered in South Africa with registration number 2011/118805/07 and its affiliates. 
• “You” or “your” means the person who accesses or uses our Website, either on your own behalf or on behalf of an entity that you represent. 
• “Website” means our Website located at www.wyzetalk.com and any subdomains, pages, features, functions, Services, content or applications offered through or in connection with it. 
• “App” means our mobile application that provides an employee engagement solution for businesses, which can be downloaded from any App store or platform that we authorize. 
• “User” means any person who registers an account with us and uses the App, either as an employee or as an employer. 
• “Content” means any information, data, text, graphics, images, logos, trademarks, audio, video, software, code or other material that is displayed, posted, uploaded, downloaded, transmitted or otherwise made available on or through the Website or the App. 
• “User Content” means any content that you or any other user submits, posts, uploads, publishes, displays or otherwise makes available on or through the Website or the App. 

2. Licenses and Restrictions  

• By utilising this Website and/or the Services, you affirm and guarantee that you are at least eighteen (18) years of age. Our Website and/or Services are designed solely for individuals who are eighteen (18) years or older. We retain the right to request age verification at any point to ensure adherence to this provision. 
• We grant you a limited, non-exclusive, non-transferable, revocable and personal license to access and use the Website and the App, subject to these terms of use and any other policies or guidelines that we may post on the Website or the App from time to time. 
• You may not use the Website or the App for any purpose that is unlawful, fraudulent, harmful, abusive, harassing, defamatory, obscene, hateful, discriminatory or otherwise objectionable, or that infringes or violates any rights of any person or entity, including intellectual property rights, privacy rights, contractual rights or any other Applicable laws or regulations. 
• You may not use the Website or the App to transmit, distribute, store or otherwise make available any viruses, malware, spyware, worms, trojans or other harmful or malicious code or content that may damage, interfere with, disrupt or compromise the security, integrity or functionality of the Website, the App, our systems, networks or servers, or any third party systems, networks or servers. 
• You may not use the Website or the App to collect, harvest, mine, scrape, copy, reproduce, modify, adapt, translate, create derivative works from, reverse engineer, decompile, disassemble or otherwise attempt to derive or discover the source code, structure, design or algorithms of the Website, the App or any part thereof, or any content or data contained or displayed on or through the Website or the App. 
• You may not use the Website or the App to impersonate, misrepresent or falsely claim to be any person or entity, or to use any false, misleading or inaccurate information or credentials to access or use the Website or the App, or to gain unauthorized access to any other user’s account, data or content. 
• You may not use the Website or the App to interfere with, disrupt, or attempt to gain unauthorized access to any other user’s use or enjoyment of the Website or the App, or to any third party systems, networks or servers that are connected or linked to the Website or the App. 
• You may not use the Website or the App to violate or circumvent any security measures, authentication procedures, encryption technologies, firewalls, passwords or other access controls that we or any third party may employ or implement to protect the Website, the App, our systems, networks or servers, or any content or data contained or displayed on or through the Website or the App. 
• You may not use the Website or the App to engage in any activity that may result in any liability, loss, damage, injury or harm to us, to any other user, or to any third party, or that may otherwise adversely affect the reputation, goodwill or business of Wyzetalk. 

 3. User Content and Conduct  

• You are solely responsible for any user content that you submit, post, upload, publish, display or otherwise make available on or through the Website or the App, and for any consequences or liabilities arising from or relating to such user content. 
• You represent and warrant that you have the right, authority and consent to submit, post, upload, publish, display or otherwise make available any user content on or through the Website or the App, and that such user content does not infringe or violate any rights of any person or entity, including intellectual property rights, privacy rights, contractual rights or any other Applicable laws or regulations. 
• You grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable and assignable license to use, reproduce, modify, adapt, translate, create derivative works from, distribute, publish, display, perform, transmit and otherwise exploit any user content that you submit, post, upload, publish, display or otherwise make available on or through the Website or the App, in any media or format, for any purpose that we deem Appropriate, in our sole discretion, without any compensation, notification or attribution to you. 
• You acknowledge and agree that we have the right, but not the obligation, to monitor, review, edit, delete, remove, block, disable or refuse any user content that you or any other user submits, posts, uploads, publishes, displays or otherwise makes available on or through the Website or the App, at any time and for any reason, in our sole discretion, without any notice or liability to you or to any third party. 
• You acknowledge and agree that we are not responsible or liable for any user content that you or any other user submits, posts, uploads, publishes, displays or otherwise makes available on or through the Website or the App, or for any loss, damage, injury or harm that may result from or relate to such user content, or from your or any other user’s access or use of the Website or the App. 
• You agree to comply with these terms of use and any other policies or guidelines that we may post on the Website or the App from time to time, and to respect the rights and dignity of other users and third parties, when you submit, post, upload, publish, display or otherwise make available any user content on or through the Website or the App. 
• You agree not to submit, post, upload, publish, display or otherwise make available any user content that is unlawful, fraudulent, harmful, abusive, harassing, defamatory, obscene, hateful, discriminatory or otherwise objectionable, or that infringes or violates any rights of any person or entity, including intellectual property rights, privacy rights, contractual rights or any other Applicable laws or regulations. 
• You agree not to submit, post, upload, publish, display or otherwise make available any user content that contains or promotes any viruses, malware, spyware, worms, trojans or other harmful or malicious code or content that may damage, interfere with, disrupt or compromise the security, integrity or functionality of the Website, the App, our systems, networks or servers, or any third party systems, networks or servers. 

• You agree not to submit, post, upload, publish, display or otherwise make available any user content that contains or discloses any personal, sensitive, confidential or proprietary information of any person or entity, without their prior written consent, or that violates any privacy rights or data protection laws or regulations. 
• You agree not to submit, post, upload, publish, display or otherwise make available any user content that contains or constitutes any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or commercial content. 
• You agree not to submit, post, upload, publish, display or otherwise make available any user content that contains or implies any false, misleading or inaccurate information or claims, or that impersonates, misrepresents or falsely claims to be any person or entity, or that uses any false, misleading or inaccurate information or credentials to access or use the Website or the App, or to gain unauthorized access to any other user’s account, data or content. 
• You agree not to submit, post, upload, publish, display or otherwise make available any user content that interferes with, disrupts, or attempts to gain unauthorized access to any other user’s use or enjoyment of the Website or the App, or to any third party systems, networks or servers that are connected or linked to the Website or the App. 
• You agree not to submit, post, upload, publish, display or otherwise make available any user content that violates or circumvents any security measures, authentication procedures, encryption technologies, firewalls, passwords or other access controls that we or any third party may employ or implement to protect the Website, the App, our systems, networks or servers, or any content or data contained or displayed on or through the Website or the App. 
• You agree not to submit, post, upload, publish, display or otherwise make available any user content that engages in or encourages any illegal, unethical, fraudulent, deceptive or harmful activity, or that may result in any liability, loss, damage, injury or harm to us, to any other user, or to any third party, or that may otherwise adversely affect the reputation, goodwill or business of Wyzetalk. 

 4. Intellectual Property Rights  

• We and our licensors own and retain all rights, title and interest in and to the Website, the App, and any content or data contained or displayed on or through the Website or the App, including any trademarks, logos, trade names, domain names, service marks, copyrights, patents, trade secrets, know-how, software, code, algorithms, designs, layouts, graphics, images, icons, interfaces, text, audio, video and other intellectual property rights, whether registered or not. 
• Nothing in these terms of use grants or transfers to you any ownership, license or other rights in or to the Website, the App, or any content or data contained or displayed on or through the Website or the App, except as expressly stated otherwise in these terms of use or in any other written agreement between you and us. 
• You may not use, reproduce, modify, adapt, translate, create derivative works from, distribute, publish, display, perform, transmit or otherwise exploit the Website, the App, or any content or data contained or displayed on or through the Website or the App, or any part thereof, without our prior written consent or the consent of the respective owners, as Applicable. 
• You may not use any trademarks, logos, trade names, domain names, service marks or other marks of Wyzetalk or our licensors, or any confusingly similar marks, without our prior written consent or the consent of the respective owners, as Applicable. 
• You may not remove, alter, obscure or modify any notices, labels, watermarks, symbols or other indications of ownership or source that are affixed or embedded in or on the Website, the App, or any content or data contained or displayed on or through the Website or the App. 

 5. Confidentiality  

• Protection of Confidential Information. In the context of these Terms and the Services, including their evaluation, each party (“Disclosing Party”) may share with the other party (“Receiving Party”) non-public business, product, technology, and marketing details. This includes, but is not limited to, customer lists, proprietary knowledge, software, and any other non-public information that is either specifically identified as such or would reasonably be considered confidential based on the nature of the information and the context of its disclosure, whether shared before or after the Effective Date (“Confidential Information”). For clarity, (i) Customer Data is deemed as the Customer’s Confidential Information, and (ii) our Website and Services are deemed as our Confidential Information. However, Confidential Information does not encompass information that (a) becomes generally available to the public without violating any obligation to the Disclosing Party; (b) was already known to the Receiving Party before its disclosure by the Disclosing Party without violating any obligation to the Disclosing Party; (c) is obtained from a third party without violating any obligation to the Disclosing Party; or (d) is independently developed by the Receiving Party without any reference to or use of the Confidential Information. 
• Obligations of Confidentiality by the Receiving Party. The Receiving Party agrees to (i) implement reasonable measures to prevent unauthorized disclosure or use of Confidential Information and restrict access to such information to employees, affiliates, service providers, and agents on a need-to-know basis, all of whom are bound by confidentiality obligations at least as stringent as those outlined herein; and (ii) refrain from using or disclosing any Confidential Information to any third party, except as necessary for fulfilling its obligations under these Terms or as required for disclosure to legal or financial advisors acting on behalf of the Receiving Party, or in connection with a due diligence process in which the Receiving Party is involved. Any such disclosure shall be subject to confidentiality obligations no less strict than those stated herein. 
• Disclosure Mandated by Law. Despite the aforementioned provisions, Confidential Information may be disclosed in compliance with a court order or a request from a government agency or other authorised body. However, to the extent permitted by law, the Receiving Party will make reasonable efforts to notify the Disclosing Party promptly in writing upon receipt of such court order or request, enabling the Disclosing Party to seek a protective order or otherwise prevent or limit such disclosure. 

 6. Privacy and Data Protection  

• We respect your privacy and data protection rights, and we are committed to protecting your personal information and data that we may collect, store, process or use when you access or use the Website or the App, or when you register an account with us, or when you submit, post, upload, publish, display or otherwise make available any user content on or through the Website or the App. 
• We will collect, store, process and use your personal information and data in accordance with our privacy policy (available at:www.wyzetalk.com/terms-and-conditions/?tab=privacy-policy), which is available on the Website and the App, and which forms part of these terms of use by reference. 
• By accessing or using the Website or the App, or by registering an account with us, or by submitting, posting, uploading, publishing, displaying or otherwise making available any user content on or through the Website or the App, you consent to our collection, storage, processing and use of your personal information and data in accordance with our privacy policy, and you warrant that you have obtained the consent of any other person whose personal information or data may be included in your user content. 
• You acknowledge and agree that we may transfer, store, process or use your personal information and data in countries other than the country where you are located, and that such countries may have different data protection laws and regulations than your country. 
• You acknowledge and agree that we may disclose your personal information and data to any third party that we may engage or contract with to provide, maintain, support, improve or enhance the Website or the App, or to any third party that we may sell, transfer or assign any of our rights, obligations or assets to, or to any third party that we may be required or compelled to disclose your personal information and data to by any Applicable laws or regulations, or by any court, tribunal, authority or agency that has jurisdiction or authority over us. 

 7. Disclaimer of Warranties  

• The Website and the App are provided on an “as is” and “as available” basis, without any warranties, representations or guarantees of any kind, express or implied, statutory or otherwise, including, but not limited to, warranties of quality, performance, accuracy, reliability, availability, compatibility, security, completeness, fitness for a particular purpose, non-infringement or merchantability. 
• We do not warrant or guarantee that the Website or the App will meet your requirements or expectations, or that the Website or the App will be uninterrupted, timely, error-free, virus-free, malware-free, spyware-free, worm-free, trojan-free or defect-free, or that any errors, defects, bugs or glitches will be corrected, or that the Website or the App will be compatible or interoperable with any other software, hardware, device, system, network or server, or that the Website or the App will be free from any unauthorized access, use, disclosure, modification or destruction. 
• We do not warrant or guarantee the quality, validity, truthfulness, accuracy, reliability, completeness or usefulness of any content or data contained or displayed on or through the Website or the App, or that any content or data will be current, up-to-date, correct, consistent, comprehensive or relevant, or that any content or data will not infringe or violate any rights of any person or entity, including intellectual property rights, privacy rights, contractual rights or any other Applicable laws or regulations. 
• We do not endorse, support, represent or guarantee the quality, validity, truthfulness, accuracy, reliability, completeness or usefulness of any user content that you or any other user submits, posts, uploads, publishes, displays or otherwise makes available on or through the Website or the App, or that any user content will not infringe or violate any rights of any person or entity, including intellectual property rights, privacy rights, contractual rights or any other Applicable laws or regulations. 
• You acknowledge and agree that your access and use of the Website and the App, and any content or data contained or displayed on or through the Website or the App, or any user content that you or any other user submits, posts, uploads, publishes, displays or otherwise makes available on or through the Website or the App, are at your own risk and discretion, and that you are solely responsible for any consequences or liabilities arising from or relating to such access or use. 

 8. Limitation of Liability  

• To the fullest extent permitted by law, we and our affiliates, directors, officers, employees, agents, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising from or relating to your use of or inability to use our Website or Services or any content, even if we have been advised of the possibility of such damages.  

9. Termination  

• We reserve the right to terminate or suspend your access to or use of our Website or Services at any time and for any reason, without notice or liability to you.  
• We may also delete or remove any of your content from our Website or Services at our sole discretion.  
• You may stop using our Website or Services at any time and for any reason.  
• These terms will survive any termination or suspension of your access to or use of our Website or Services. 

 10. Governing Law and Jurisdiction  

• These terms and any dispute or claim arising from or relating to your use of our Website or Services or any content will be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles. 
• You agree to submit to the exclusive jurisdiction and venue of the courts located in South Africa, for any legal action arising from or relating to these terms or your use of our Website or Services or any content. 

 11. General 

•  If any provision of these terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will remain in full force and effect.  
• Our failure or delay to exercise or enforce any right or remedy under these terms will not constitute a waiver of such right or remedy.  
• You may not assign or transfer any of your rights or obligations under these terms without our prior written consent. We may assign or transfer any of our rights or obligations under these terms without your consent or notice to you. 

 12. Contact Us  

• If you have any questions, comments, or feedback about these terms or our Website or Services, please contact us at: info@wyzetalk.com.  

Wyzetalk Cookie Policy

This Wyzetalk Cookie Policy sets out what cookies are used by this website and what they are used for.
EU law prescribes that owners of websites inform visitors about their usage of cookies and similar technologies, e.g. pixels, (hereinafter “cookies”) and to obtain the user’s consent where necessary to use such cookies.

Cookie Consent
When you visit the Wyzetalk website you will see our Cookie Banner and you can provide consent for or you can click on Cookies Settings to set your preferences, provide or revoke your consent and/or change your cookie settings at any time.

What are cookies?
Cookies are small text files which are sent to your device (computer, laptop, smartphone, tablet) by the website you visit and are stored on your device in your browser’s file directory.

Your browser sends these cookies back to the website each time you revisit it so it can recognize your device and improve your user experience on each subsequent visit. Cookies allow us for example to tailor our website to better match your interests.

Necessary cookies
We use strictly necessary cookies to manage the navigation of our website and to operate basic website functions. Without these cookies certain basic functionalities cannot be offered. Strictly necessary cookies are always active and will be placed without your consent.

To the extent that information processed in connection with strictly necessary cookies should qualify as personal data, the legal ground for that processing is Wyzetalk’s legitimate interest to operate the website.

Analytics cookies
We use analytics cookies to collect information on your use of our website. Analytics cookies identify your internet browser, operating system, duration and number of website visits. The information collected is aggregated and anonymous. It does not allow personal identification. It only serves the purpose of evaluating and enhancing the user experience of our websites.

To the extent that information processed in connection with analytics cookies should qualify as personal data, the legal ground for that processing is your consent.

Functional cookies
Functional cookies enable a website to store information and options you have already previously entered (e.g. username, language settings, layout settings, contact preferences or your location) in order to offer you improved personalized functions and to improve the performance of our website.

They are also used to enable requested functions, like playing videos.

To the extent that information processed in connection with functional cookies should qualify as personal data, the legal ground for that processing is your consent.

Targeting cookies
We use Targeting cookies for remarketing purposes to offer more relevant and interest-specific content to you, to display advertisements about our solutions, to limit the display frequency of our advertisements and to measure the efficiency of an advertising campaign. Targeting cookies register time spent on our website, from which part of our website did you drop off, register if you started completing the form requesting more information but failed to complete the form and you surfing pattern while visiting our website.

Our targeting cookies are third party platform cookies and include Facebook, LinkedIn, Twitter, Google Ads (Search & Display), Bing, other premium display media using universal tag manager (UTM) code to determine from where you clicked on one of our advertisements.

Targeting cookies are deleted 90 days after your last visit to our website.

Legal basis for the processing of personal data in connection with targeting cookies is your consent.

You may find further detailed information on cookies utilized by us in our Privacy Preference Center. Here, you can also provide or revoke your consent and/or change your cookie settings at any time.

Our website Privacy Policy sets out how we treat personal identifiable information that is processing through our website.

June 2021

Wyzetalk Website Privacy Policy

This Website Privacy Policy describes Wyzetalk B.V. processing of personal information by our website: www.wyzetalk.com

The type of personal information we collect
We currently collect and process the following information through our website:

• Personal identifiers and contact details when you submit the “Talk to an Expert” form
• Cookies as described in more detail in our Cookie Policy
• Personal identifiers and email address when you subscribe to our newsletter

How we get the personal information and why we have it
Most of the personal information we process is provided to us directly by you to enable us to get in touch with you and to deliver our newsletter to you.

We may share this information with other entities within the Wyzetalk group and with our resellers or agents with whom we have agreements in place.

Grounds for processing
Under the General Data Protection Regulation (GDPR), the lawful bases we rely on for processing this information are:

• Your consent. When you subscribe to our newsletter or complete our contact form you give consent. You are able to remove your consent at any time. You can do this by contacting .
• We have a contractual obligation.
• We have a legitimate interest.

How we store your personal information
Your information is securely stored on cloud servers based in the European Union.
We keep information while we need to communicate with you and will delete it from our systems within 12 months after our contact with you has ended.

Your data protection rights
Under data protection law, you have rights including:

Your right of access – You have the right to ask us for copies of your personal information.

Your right to rectification – You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.

Your right to erasure – You have the right to ask us to erase your personal information in certain circumstances.

Your right to restriction of processing – You have the right to ask us to restrict the processing of your personal information in certain circumstances.

Your right to object to processing – You have the the right to object to the processing of your personal information in certain circumstances.

Your right to data portability – You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.
You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.
Please contact our Information officer at [insert email] if you wish to make a request.

How to complain
If you have any concerns about our use of your personal information, you can make a complaint to us at [Insert email].
You can also complain to the Dutch Data Protection Authority if you are unhappy with how we have used your data.
The Dutch Data Protection Authority’s contact details:

Autoriteit Persoonsgegevens
Bezuidenhoutseweg 30
2594 AV Den Haag
Netherlands

Telephone number: (+31) – (0)70 – 888 85 00
Fax: (+31) – (0)70 – 888 85 01

PO Box 93374
2509 AJ DEN HAAG
Netherlands

Visit the Autoriteit Persoonsgegevens website.

Third-Party Processors

Our carefully selected partners and service providers may process personal information about you on our behalf as described below:

Digital Marketing Service Providers

(i) Prospect Global Ltd (trading as Sopro) Reg. UK Co. 09648733. You can contact Sopro and view their privacy policy here.

Sopro is registered with the ICO Reg: ZA346877 their Data Protection Officer can be emailed at: dpo@sopro.io.