Privacy policy

Effective Since: 8 January 2018  I  Last Updated: 20 September 2023

Contents: Privacy Policy  I  Cookie Policy  I  Terms & Conditions I Entire Agreement

Relevant to: The Qual Agency website, www.thequal.agency

privacy policy

INTRODUCTION

This website is provided by The Qual Agency (Pty) Ltd. We are committed to safeguarding the privacy of our website visitors. In this policy, we explain how we will use and handle your personal data that we collect from this website. We do not make any information that we gather about you via our website available to the public; nor do we share your personal information with third-parties to contact you for any purpose.

This Privacy Policy applies to www.thequal.agency, and does not extend beyond The Qual Agency website to any third-party websites.

By using this website, you agree to this use. Therefore, we ask that you to read this privacy policy carefully.

 

WHAT IS PERSONAL DATA?

‘Personal Data’ means any information that relates to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

HOW + WHY WE USE YOUR PERSONAL DATA

We may process and retain any of your personal data identified in the provisions of this Privacy Policy where necessary for the establishment, exercise, compliance or defence of legal claims or obligations to which we are subject, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

Below is a detailed outline of the specific personal data collected via our website: 

Website Usage Data through Google Analytics

We may process data about your use of our website and services (i.e. ‘usage data’) through Google Analytics, our analytics tracking system. This is a standard operation to ensure that we understand how you navigated the website so that we can improve our website for your convenience.

The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your use of our website.

Enquiry/ Correspondence Data through our Website Contact Forms

We may process information contained in or relating to any enquiry or correspondence communication you submit to us via our website regarding our service (i.e. ‘enquiry data’ or ‘correspondence data’) through our website forms or our online form system. The enquiry data may be processed for the purposes of communicating with you, providing relevant information about our opportunities, services or offering to you; and record keeping.

Our website contact forms are optional and are at your discretion to complete the contact form of your choosing and submit your personal information. We only stipulate minimal mandatory personal data in our website contact forms in order to contact you as requested through the particular form.

The enquiry/ correspondence data may include your name, employer details, your contact details; as well as enquiry or communication information regarding our services and offering.

For those users who complete any of our website forms including name and email address, we may communicate with you in response to your enquiry, to provide the information and services you request regarding The Qual Agency’s services. We may add you to our email contact lists, though we do not operate any automated newsletters or marketing communication.

Publication Data through our website blog/ social media/ third-party links

We may process information that you post/ share for publication on/ from our website (i.e. ‘publication data’) through our blog/ third-party/ social media links that our website supports. The publication data may be processed for the purposes of enabling such publication and administering our website. Your publication data is optional and at your discretion.

Personally identifiable information that you voluntarily disclose online in a publicly accessible blog, comments or social media platform may be viewed and used by others without any restrictions. We may associate your name with your comments on our blog and social media platforms where you choose to make comments/ share or post information/ content. We are unable to control any use of your personally identifiable information by other users who may see your information, and by using these services you assume the risk that the personally identifiable information that you provide may be viewed and used by third-parties for any number of purposes.

Please be aware of your personally identifiable information that you choose to disclose via public online platforms. Please do not supply any other person’s personal data to us, unless we prompt you to do so.

 

PROVIDING YOUR PERSONAL DATA TO OTHERS

We do not sell, rent, loan, or trade any personal data to any third-party.

By submitting personal data to The Qual Agency as described in this Privacy Policy and Cookie Policy, you consent to our use, storage and sharing of your personal information within The Qual Agency as well as with any of our third-party suppliers and third-party companies that provide services to help us with our business activities such as providing additional information, quick quotes and research services. These companies are authorised to use your personal information only as necessary to provide these services to us.

We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining and maintaining insurance coverage, managing risks, obtaining professional advice and managing legal disputes.

 

LINKS TO EXTERNAL/ THIRD-PARTY SITES

When you access an external website, The Qual Agency has no control over its content, nor the ability to protect the privacy of your personally identifiable information. Any links to external/ third-party websites are provided solely for visitors’ convenience.

We are not responsible for, neither endorse nor accept the privacy practices, security or services of third-party and external websites that may be linked to this website; and you should read that external/ third-party website’s privacy policy, cookie policy and terms and conditions before providing any personally identifiable information.

 

INTERNATIONAL TRANSFERS OF YOUR PERSONAL DATA

The Qual Agency only has offices in Cape Town South Africa, thus there is no cross-border personal data transfer between our offices or facilities.

Our website servers are maintained in South Africa. By using this website, you freely and specifically give us your consent to export your personally identifiable information to South Africa and to store and use it in South Africa as specified in this Privacy Policy. You understand that our data is subject to lawful requests by the courts or law enforcement authorities in South Africa.

Third-party web service and form data hosting providers may be utilised in some instances and data storage locations may be outside of South Africa. These companies are contractually authorised to use your personal information only as necessary to provide these services to us and use reasonable administrative, technical, and physical safeguards to protect against unauthorised access.

 

DATA SECURITY

We have put in place reasonable administrative, technical, and physical safeguards to protect against unauthorised access to the information we collect via our website. However, no security measures are completely impenetrable and we cannot guarantee against all potential security breaches. Moreover, the transmission of information over the Internet is not inherently secure, and we are not responsible for the transmission of information over networks that we do not control. Your use of our website demonstrates your assumption of these risks.

Our third-party form supplier, Zoho Forms, is compliant with ISO 27001:2013 (certified), SOC 1 Type II and SOC 2 Type II International Security Standards.

 

RETAINING AND DELETING PERSONAL DATA

Personal data that we process for any purpose/ purposes shall not be kept longer than is necessary for that purpose/ those purposes; as long as the information has value as part of the services we offer, or as long as is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as long as necessary.

 

YOUR RIGHTS

Your principal rights under data protection law are the right to: access, rectify, erase, restrict processing, object to processing, data portability, complain and withdraw consent.

You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to the supply of appropriate evidence of your identity [for this purpose, we will usually accept a certified photocopy of your passport plus an original copy of a utility bill showing your current address]. We may withhold personal information that you request to the extent permitted by law.

You may instruct us at any time not to process your personal information for marketing purposes. In practice, we do not operate any marketing communications, but in any related instances you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

If you would like to act on your data protection rights regarding any personal data we collect via our website, please contact us at: legal@thequal.agency.

 

CHILDREN UNDER 18 YEAR OLD 

This website is not intended or designed to attract children under the age of 18. We do not knowingly collect personally identifiable data from or about any person under the age of 18. If you are under 18 years old and wish to ask a question or use this website in any way which requires you to submit your personal information, please get your parent or guardian to do so on your behalf.

 

AMENDMENTS

We may update this policy from time to time by publishing a new version on our website. You should check this page occasionally to ensure you are happy with any changes to this policy

cookie policy

ABOUT COOKIES

What is a cookie?

Cookies are small data text files which are sent, placed and stored on your computer or other devices to remember your preferences or some details about your visit, if your web browser’s set preferences allow it. Each website you visit sends its own cookie to your web browser. In order to protect your privacy, your web browser only permits a website to access its own cookies, not the cookies sent to you by other websites. Your personal information cannot be collected via cookies, however, if you previously provided personally identifiable information on a website, cookies may be tied to such information.

 

What do cookies actually do?

Cookies are used by companies websites worldwide and are useful for gathering information such as tracking the number of visitors to a website, and understanding how visitors use the website. Cookies can also help customize the website for visitors to enhance interactivity and web experience.

 

Your permission and consent

We ensure that your personal information is processed lawfully at all times and in accordance with applicable legislation, such as the Protection of Personal Information Act, No. 4 of 2013 and/or the Financial Advisory and Intermediary Services Act, No. 37 of 2002. 

EU Laws (EU’s ePrivacy Directive) state that cookies can be stored on your computer or other devices if they are essential to the operation of the website, and permission is needed to use non-essential cookies (e.g. analytics cookies).

By continuing to browse this website and its associated pages, you agree to our use of cookies. If you do not wish for cookies to be used, you can change your web browser settings to manage cookies.

 

Our cookies

The Qual Agency website uses cookies. This allows us to see how our website is used and to utilise basic analytics to improve your interaction and experience with our website. The cookies we use will not contain any of your personal data, as we do not track individual visitors or try to identify them.

 

Our third-party + embedded content cookies

In some instances we also use cookies provided by trusted third-parties. This section details which third-party cookies you might encounter on our website.

 

Analytics cookies

We use Google Analytics, a popular web analytics service provided by Google, Inc. Google Analytics uses cookies to help us analyse how visitors use our website. The cookies collect information in an anonymous form. It counts the number of visitors and tells us about their behaviour overall, such as the average length of stay on the website or the average number of pages viewed. Google offers more information regarding security, privacy, and Google Analytics cookies. Google Analytics also offers tools to Opt out of being tracked.

 

Social media + embedded content cookies

Some third-party cookies are set by social media platforms, such as Twitter and Facebook (through the use of sharing buttons), or embedded content from YouTube and Vimeo, which may appear on some of our website pages. These cookies are not in our control as they are set by the operators of that service.

 

Embedded forms cookies

Our website uses Zoho Forms. These cookies are not in our control as they are set by the operators of that service.

Please note that the completion and submission of any of our website embedded forms does not include a log-in/ subscriber portal/ save and resume functionality, thus we do not use any of these associated cookies that store your personal information.

By completing any of our website forms you consent to The Qual.Agency keeping your contact information on our records; and agree to us actioning and contacting you based on the form communication/enquiry submission you request. We will not contact you with newsletters or promotions without your prior consent.  [Please refer to our Privacy Policy above for more information].

 

Your cookie preferences: blocking + deleting cookies

You have the option to set your own cookie preferences, and you can change your browser settings to enable or disable cookies. It is important to note that restricting or disabling the use of cookies can limit some functionality of our website, preventing it from working correctly at all and thus may change your user experience.

For more information about cookies for your particular web browser please follow these links: how to block or delete cookies or how to control cookies.

terms & conditions

INTRODUCTION

These terms and conditions shall govern your use of our website. By using our website, you accept these terms and conditions in full, so please read the following carefully.

Accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you should not view this website.

If you submit any information or material through our website (through our website contact forms) or use any of our website services, we will ask you to expressly agree to these Terms and Conditions.

Our website uses cookies. By using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Cookie Policy.

Our website collects personal data and non-personal information. By using our website or agreeing to these terms and conditions, you consent to our collection, storage and use of your personal data and non-personal information in accordance with the terms of our Privacy Policy. 

 

WEBSITE INFORMATION PURPOSE

The purpose and content of this website is intended for general information purposes and finding out about our services only.

Nothing contained in this website shall constitute as an offer for our services. All contracts for our services should be agreed to in writing.

Nothing contained in this website shall constitute an investment advertisement or an offer of or an invitation to make an offer for shares or other securities in The Qual Agency.

 

USE OF OUR WEBSITE

> You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

> Unless you own or control the relevant rights in the material, you must not: edit or otherwise modify any material; sell, rent or sub-license material from our website; exploit material from our website for a commercial purpose; or redistribute material from our website.

> You may not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.

> You may not use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

> You may not incorporate any content from this website in any commercial document or website, or in any material sold or otherwise made available for profit without our prior written consent.

> You may not frame or deep link this website without our written consent.

> You may not reproduce or store any part of this website on any other website without our prior written consent.

> You agree not to use any information or data collected (directly or indirectly) from our website to contact individuals, companies or other persons or entities.

> You agree not to use any information or data collected (directly or indirectly) from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing]; nor send any unsolicited communication of a research, commercial, sales, promotional or advertising nature, spam or similar materials or any volume messages that may interfere with the operation of this website or with the enjoyment of this website by visitors.

> You may not use our website for illegal purposes and in particular agree that you shall not send, use, copy, paste or allow any posting which is defamatory or obscene or which is abusive, indecent, or in breach of the privacy of any person.

> You may not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

> You may not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent.

> You may not access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing.

> You may not violate the directives set out in the robots.text file for our website.

> We reserve the right to restrict access to areas of our website, or indeed our whole website at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

USE OF ANY THIRD-PARTY LINKS + WIDGETS

Our website also supports third-party links or widgets such as Facebook and Instagram buttons on the website which allow users to share articles and other information on different platforms. These widgets may collect your IP address, which page you are visiting on our website, and may set a cookie to enable the widgets to function properly. These widgets do not collect or store any personal information from users on the website and simply act as a bridge for your convenience in sharing information. Your interactions with these widgets are at your discretion, and are governed by the privacy policy of the company providing it.

We do not endorse or approve the content of any third-party websites (e.g. social media platforms) referred to or accessed by hypertext link through our website nor will we have any liability in connection with any of them.

 

USE OF OUR PROPERTY

The names, logos, icons and graphics used on this website in connection with or identifying our products and/or services are proprietary marks of The Qual Agency unless otherwise indicated.

Your access to our website does not imply a licence to reproduce, transmit and/or distribute this information or these names, logos, icons and graphics in any form or by any means.

If you wish to use our property as stipulated above, you must first obtain prior written consent from us.

 

YOUR CONTENT

In these terms and conditions, “your content” means all information, personal data, works and materials (including without limitation personal information, text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage, publication, processing or transmission via or on our website. For example, including without limitation, your content submitted through any of our website contact forms; or your content that you create through commenting on our blog posts/content or sharing our post/ content via or on social media platforms. [For more information about the privacy of your personal information (i.e. ‘personal data’) submitted via our website contact forms, please refer to our Privacy Policy above.]

 

You warrant and represent that your content will comply with these terms and conditions, and agree that The Qual Agency is not held responsible in any manner for your content:

> Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

> Your content, and the use of your content by us in accordance with these terms and conditions must not:

>> Be libellous or maliciously false; obscene or indecent; blasphemous; depict violence in any explicit, graphic or gratuitous manner; be pornographic, led, suggestive or sexually explicit; be untrue, false, inaccurate or misleading; be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; cause annoyance, inconvenience or needless anxiety to any person.

>> Infringe any copyright, moral right, database right, trade mark right, design right, right of passing off, or other intellectual property right.

>> Infringe any right of confidence, right of privacy or right under data protection legislation.

>> Constitute negligent advice or contain any negligent statement.

>> Constitute an incitement to commit a crime or the promotion of criminal activity.

>> Constitute as spam.

>> Be in contempt of any court, or in breach of any court order.

>> Be in breach of racial or religious hatred or discrimination legislation.

>> Be in breach of any contractual obligation owed to any person.

>> Consist of or contain any instructions, advice or other information which may be acted upon or could, if acted upon, cause illness, injury or death, or any other loss or damage.

 

Our website may allow you to comment on content in a public space on the website. Comments are not anonymous, and may be viewed by other users. We do not monitor or control what others do with your content, thus you are responsible for your content and comments shared that is publicly available to all users and visitors of this website. We encourage users to be cautious in the disclosure of personal information in online public spaces as The Qual Agency is not responsible for the personal information users elect to disclose.

Without prejudice to our other rights under these terms and conditions, if you breach any provisions of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

INFORMATION ACCURACY + WARRANTIES + LIABILITY

The Qual Agency has made all reasonable efforts to ensure that information is accurate at time of inclusion on this website.

We make no representations nor give any warranties (expressed or implied): 1) that the completeness, accuracy or fitness of the information published on our website; 2) that the website or any service on the website will remain available; or 3) that the material on the website is up to date; for any particular purpose used directly/ indirectly from this website.

We reserve the right to enhance, modify, alter, suspend or permanently discontinue; and to restrict, block, suspend or prohibit access to, all or any part of this website at any time in our sole discretion without notice or explanation. Furthermore, you will not be entitled to any compensation or other payment upon the discontinuance, alteration of, or restriction to of any website services or if we stop publishing the whole website.

Nothing in these terms and conditions will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liability in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.

Accordingly, this website is provided to you free of charge, and neither The Qual Agency nor any of its subsidiary or affiliated companies [including contributors] accept any liability for any direct, special, indirect or consequential loss and/or damage whatsoever you may suffer arising in contract, tort or otherwise from the use of, or inability to use this website or any information or data contained in it, or accessed through this website, or from any action or decision taken as a result of using this website or the information or data contained in it. Any decisions based on information contained in our website are the sole responsibility of the visitor. Your sole remedy is to discontinue using this website.

We will not be liable in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, reputation, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill; and/or consequential loss arising out of or in connection with this website or the information or data contained in it

We will not be liable in respect of any damage, loss or corruption of any data, databases, hardware or software.

You hereby agree to indemnify The Qual Agency against any cost, claims, losses or damages (including legal fees) incurred by or awarded against The Qual Agency as a result of your misuse of this website or your breach of these terms.

You accept that we have an interest in limiting the personal liability of our service providers, contractors, consultants and employees and, having regard to the interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our service providers, contractors, consultants and employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not limit or exclude the liability of the limited liability entity itself of the acts and omissions of our officers and employees).

 

COPYRIGHT NOTICE

Copyright © 2023, The Qual Agency (Pty) Ltd. All Rights Reserved.

We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website.

All the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: send you one or more formal warnings, or temporarily suspend your access to our website, or permanently prohibit you from accessing our website, or block computers using your IP address from accessing our website, contact any or all of your ISPs and request that they block your access to our website, or commence legal action against you.

If we suspend or block your access to our website or part of our website, you must not take any action to circumvent such suspensions or prohibition or blocking.

 

AMENDMENTS + VARIATIONS

We may revise these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of our website and anywhere else you provide express agreement to additional terms and conditions (e.g. our website contact forms); and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

If you do not agree to our revised terms and conditions, you must stop using our website.

 

NON-ASSIGNMENT

You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void.

We may transfer our rights under these terms to a third-party.

 

LEGAL EFFECT + SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be invalid, unlawful or unenforceable for any reason, such terms shall be deemed severable to the extent that it is deemed unlawful and/or unenforceable, but the other provisions will continue in effect.

Our failure to enforce or exercise any of these terms and conditions is not a waiver of that section.

 

THIRD-PARTY RIGHTS

These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by or subject to the consent of any third-party 

entire agreement

Subject to the limitations and liabilities defined above, these Terms and Conditions, together with our Privacy Policy and Cookie Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

DOMICILE + JURISDICTION

The Qual Agency (Pty) Ltd. is based in the Republic of South Africa, and falls under the jurisdiction of the courts and the laws of the Republic of South Africa.

The effective date of these Terms and Conditions, together with our Privacy Policy and Cookie Policy, is 8 January 2018. These were written in English (South African). To the extent any translated version of these Terms and Conditions conflict with the English version, the English version controls.

 

STATUTORY AND REGULATORY DISCLOSURES

The Qual Agency follows the industry specific South African Market Research Association (SAMRA) Research Code of Conduct as a guide to research best practice.

 

OUR DETAILS

This website is owned and operated by The Qual Agency (Pty) Ltd.

We are registered as a business in South Africa under the company registration number 2016/052423/07.

You can contact us by: using one of our website contact forms; or by email, at: hello@thequal.agency.

For any legal concerns or enquiries, please contact us via email at: legal@thequal.agency.

 

Copyright © 2023, The Qual Agency (Pty) Ltd. All Rights Reserved.