Terms of Service

These are the terms and conditions subject to which we allow you to use Our Website. By visiting or using Our Website, or make an order for Services, you agree to be bound by them.

We are:

QuantumCrayon, a company registered in South Africa, registration number 2019/411956/07.
Our address is 44 Barnstable Rd, Lynnwood Manor, Pretoria, 0081
We are not registered for VAT.
 

You are:

Anyone who uses Our Website or buys any Service from us in any circumstances, including consumers and other businesses.
 

It is now agreed as follows:
 

1.    Definitions
 

“Detailed Specification”    means the written specification of the Work you have instructed us to do, and which we will prepare for your approval.
 

“Documentation”    means the instruction manuals user guides and other documentation agreed to be written by you.
 

“Intellectual Property”    means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
 

“Our Website”    means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us or any member of the QuantumCrayon group of companies. It includes all of the web pages owned by us.
 

“Price”    means the price for our Services as set out on Our Website.
 

“Services”    means all of the services available from Our Website, whether free or charged.
 

“Work”    means the work we do to provide the Services you have ordered.
 

2.    Interpretation

In this agreement unless the context otherwise requires:
2.1.    a reference to one gender shall include any or all genders and a reference to the singular may be interpreted where appropriate as a reference to the plural and vice versa.
2.2.    a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
2.3.    in the context of permission, “may not” in connection with an action of yours, means “must not”.
2.4.    the headings to the paragraphs to this agreement are inserted for convenience only and do not affect the interpretation.
2.5.    any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
2.6.    except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;
2.7.    in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.8.    these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
2.9.    this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3.    Basis of contract

3.1.    In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website. 
3.2.    If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.3.    Subject to these terms and conditions, we agree to complete the Work and to provide to you some or all of the Services described on Our Website at the Prices we charge from time to time.
3.4.    You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services you intend to buy are suitable and satisfactory for your requirements.
3.5.    So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
3.6.    Our contract with you and licence to you last for one year from the contract start date. Any continuation by us or by you after the expiry of one year is a new contract in the terms then shown on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
3.7.    The contract between us comes into existence only when we write to you to confirm that we agree to provide to you the Service you want. Your payment does not create a contract. If we decline to provide a Service we shall immediately return your money to your credit card.
3.8.    We do not offer the Services in all countries. We may refuse to supply a Service if you live in a country we do not serve.
3.9.    Subject to all the terms in this agreement, we authorise you to access and use Our Website and to download and print a small part of the content. This licence is conditional not only on your compliance with all of the terms of this agreement, but also on your using the Content only as intended by us, for your use in connection with the Work.
3.10.    Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.
3.11.    If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms. 
3.12.    We may change this agreement and / or the way we provide the Services, at any time. If we do:
3.12.1    the change will take effect when we post it on Our Website.
3.12.2    you agree to be bound by any changes. If you do not agree to be bound by them, you should not use Our Website or the Services.
3.13.    Our contract terminates on the earliest of:
3.13.1    our completion of any Work or Service for which you have paid us. If there is any doubt as to when this is, or was, then our decision is final;
3.13.2    our having worked for the amount of time for which you have paid us, even if the Work is unfinished.
3.14.    You do not become a client for the time when after completion of one piece of work we start another. Each piece of Work is a new retainer which terminates when that Work is done. If we should give advice on the same subject at a later time, that advice constitutes a separate contract and does not retrospectively extend the first contract for our Services. 
3.15.    There is no contract between us for any free Service, so you do not become a client by using any free Service and we are not liable to you in any way resulting from your use of any free Service.
3.16.    Prices for business Services are exclusive of any applicable value added tax or other sales tax. Prices for Services which you may buy as a South African consumer are inclusive of VAT.
3.17.    The Price of any Service may be changed by us at any time. But we will never change a Price so as to affect the Price charged to you at the time when you buy a Service. 
3.18.    Services will be delivered by your free download, by e-mail or by both of these, at our choice.
3.19.    You agree that you are bound by these terms (or the latest version of them) for all future contracts with us, whether ordered through Our Web Site or in some other way. 
 

4.    Price and payment

4.1.    We are not currently VAT registered and therefore prices do not include VAT.
4.2.    The Price of any Service may be changed by us at any time. But we will never change a Price so as to affect the Price charged to you at the time when you buy a Service.
4.3.    Charges for Services are fixed whenever it is reasonably possible for us to ascertain the price.
4.4.    When we do not provide fixed charges for the Service, we will charge by the hour. In that case all Work done, including all Documentation, letters, e-mails, faxes and telephone calls made and received will be charged on a time basis in minimum units of half an hour.
4.5.    Estimates of charges will be provided to you wherever possible.
4.6.    Payment will be due to us within seven days of your receipt of our monthly invoice.
4.7.    Payment may be made by credit card to Our Website or by transfer to our bank account.
4.8.    If we do not receive payment within the period required, we shall stop Work until you have brought your payment up to date.
4.9.    It is possible that the Price may have increased from that posted on Our Website. If that happens, we will not provide the Services until you have confirmed that you wish to order at the new price.
4.10.    Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.
4.11.    Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
 

5.    If you buy as a consumer 

This and the following paragraph is not contractually part of this agreement. These are statement of your rights as a consumer as defined in the Electronic Communications and Transactions Act 2002. This paragraph applies to Services you buy from us.
5.1.    Subject to the further provisions below, if you cancel your contract within seven days of having made it, we shall refund your payment in full.
5.2.    If it was urgent that we should start to provide the Services immediately after we received your order, and we did start them, we are obliged to refund to you only the pro rata proportion of the cost that relates to the incomplete portion of the Services;
5.3.    You have no right to cancel a Service which has been drawn up to your order.
5.4.    You have no right to cancel a Service which has been delivered to you via the Internet.
5.5.    You have no right to return soft copy material contained in any medium unless it is apparent from the packaging that you have not accessed the contents.
 

6.    Security of your credit card

We take care to make Our Website safe for you to use.
6.1.    Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
 

7.    Service provision

7.1.    The Services are listed and described on Our Website. Once you have paid we will contact you to tell you what help we need from you and when we shall start, and complete our Work for you.
7.2.    In order to provide the Services we need specific help from you, as follows:
7.2.1    Reasonable access to individuals and information within your business necessary to provide the Services
7.2.2    information and confirmation from you on any aspect of your business which is of a technical or specialist nature outside of our expertise.
7.3.    The provision of our Service relies on a schedule of Work. If you are unable to provide us with acceptance or information we require for a period which extends the agreed timescale then we are entitled to payment in accordance with the schedule in any event.
7.4.    Our Services will be delivered by videoconference, teleconference, online download, on-site delivery or by any or all of these, at our choice.
7.5.    If we are not able to provide you Services within ten days of the date of your order, we shall notify you by e-mail to tell you the likely provision date.
7.6.    If we have started to Work for you and you cancel this contract, you accept that you will be obliged to pay us for Work done, whether or not this Work is sufficiently advanced for you to be able to use it.
7.7.    You may not share or allow others to use the Services in your name.
 

8.    Foreign taxes, duties and import restrictions

8.1.    If you are not in the South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
8.2.    You are responsible for purchasing Services which you are lawfully able to import or use and for the payment of import duties and taxes of any kind levied in your country.
 

9.    Representative liaison

9.1.    With effect from entering into this agreement we and you will each nominate a representative who will be authorised to make decisions relating to the Services you have ordered and who will be responsible for:
9.1.1    organising monthly meetings at which they will review the progress of the Work;        
9.1.2    providing all information and Documentation reasonably required by either of them to enable completion of the Work.
9.2.    Each month our representative will prepare a progress report on the progress of the Work and will deliver a copy to your representative at least one day before each meeting.
 

10.    Work management procedure

10.1.    We shall prepare a Detailed Specification for your approval.
10.2.    You will within seven days of receipt of the Detailed Specification either approve or give us your further instructions for edit of it. If you fail to respond within that time period you will be deemed to have approved the Detailed Specification.
10.3.    We shall take account of all reasonable comments and/or requests for amendment received from you and shall incorporate them in a revised version of the Detailed Specification to be prepared and delivered to you as soon as reasonably possible.
10.4.    The process described above will be repeated until you have approved (or are deemed to have approved) the Detailed Specification.
 

11.    Content of Detailed Specification

The Detailed Specification will include (among other things):
11.1.    A high level technical architecture
11.2.    A functional design specification
11.3.    Metrics and key performance indicators where required
 

12.    Dissatisfaction with the Services

12.1.    Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Service, please tell us at the earliest opportunity:
12.1.1    exactly why you think we have failed;
12.1.2    the date, if relevant, of the failure;
12.1.3    when and how you discovered the failure;
12.1.4    the result of the failure;
12.1.5    your suggestion as to action we should take to resolve the situation and restore your faith in us.
12.2.    To do this, it is essential that you contact us by email at the contact point on Our Website.
12.3.    You now agree that you commit a breach of this contract if you seek repayment of money paid to us by asking your credit card provider to credit back a payment made to us, without attempting to seek repayment from us first. In that event, you agree that you will owe us first the sum charged to us by our payment service provider and secondly a sum based on time spent of R1500 per hour in dealing with your breach. You also agree that this provision is reasonable.
 

13.    Confidentiality

13.1.    Both parties are aware that in the course of our Work for you either of us will have access to and be entrusted with information in respect of the business and operation of the other and their dealings, transactions and affairs, all of which information is or may be confidential.        
13.2.    We both now undertake for ourselves and every employee, or sub-contractor whose services we may use both during and after completion of the Work, that we will not divulge to any person whatever or otherwise make use of (and will use their best endeavours to prevent the publication or disclosure of) any trade secret or confidential information.
13.3.    For the purposes of your above undertaking, the information will be deemed to include all information (written or oral) concerning the Detailed Specification.
13.4.    Each of us now undertakes to the other to make all relevant employees, agents and sub-contractors aware of the confidentiality of information and the provisions of this paragraph and to take all such steps as will from time to time be necessary to ensure compliance by its employees, agents and sub-contractors with these provisions.
13.5.    Each of us now undertakes to the other that for the period of twelve months following completion of the Work they will not directly or by an agent or otherwise and whether for themselves or for the benefit of any other person induce or endeavour to induce any officer or employee of the other to leave his employment.
13.6.    The provisions of the last previous sub paragraph will not apply to either of us if the other becomes subject to bankruptcy, receivership or liquidation proceedings.
 

14.    Intellectual Property

You agree that at all times you will:
14.1.    not cause or permit anything which may damage or endanger our title to the Intellectual Property;
14.2.    notify us of any suspected infringement of the Intellectual Property;
14.3.    indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
14.4.    on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing;
14.5.    not use any name or mark similar to or capable of being confused with any name or mark of ours;
14.6.    so far as concerns software provided or made accessible by us to you, you will not:
14.6.1    copy, or make any change to any part of its code;
14.6.2    use it in any way not anticipated by this agreement;
14.6.3    give access to it to any other person than you, the licensee in this agreement;
14.6.4    in any way provide any information about it to any other person or generally.
14.7.    not use the Intellectual Property except directly in our interest.
 

15.    Disclaimers and limitation of liability

15.1.    The law differs from one country to another. This paragraph applies so far as the applicable law allows.
15.2.    All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
15.3.    Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
15.3.1    useful to you;
15.3.2    of satisfactory quality;
15.3.3    fit for a particular purpose;
15.3.4    available or accessible, without interruption, or without error.
15.4.    We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
15.5.    We make no representation or warranty and accept no responsibility in law for:
15.5.1    accuracy of any content or the impression or effect it gives;
15.5.2    delivery of content, material or any message;
15.5.3    privacy of any transmission;
15.5.4    third party advertisements which are posted on Our Website or through the Services;
15.5.5    the conduct, whether online or offline, of any user of Our Website or the Services;
15.5.6    failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
15.5.7    any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
15.5.8    any aspect or characteristic of any goods or services advertised on Our Website.
15.6.    You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding three month period for the Services concerned.
15.7.    Except in the case of death or personal injury, our total liability under this agreement, however it arises, will not exceed the sum of R10,000. This applies whether your case is based on contract, tort or any other basis in law.
15.8.    We will not be liable to you for any loss or expense which is:
15.8.1    indirect or consequential loss; or        
15.8.2    economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
15.9.    This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
15.10.    If you become aware of any breach of any term of this agreement by any person, please contact us in writing. We welcome your input but do not guarantee to agree with your judgement.
15.11.    Nothing in this agreement will be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
 

16.    Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
16.1.    your failure to comply with the law of any country;
16.2.    your breach of this agreement;
16.3.    any act, neglect or default by any agent, employee, you or your customer.
 

17.    Termination

This agreement may be terminated:
17.1.    when the Work has been delivered to you.
17.2.    immediately by us if you fail to pay any additional sum due within 30 days of the date of submission of an invoice;
17.3.    immediately by either party if the other commits any material breach of any term of this agreement and which in the case of a breach capable of being remedied is not remedied within 30 days of a written request to remedy it;
17.4.    immediately by either party if a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
17.5.    Termination of this agreement by this paragraph will be without prejudice to any other rights or remedies to which a party may be entitled.
 

18. Warranty of physical goods

18.1. A Limited Warranty applies to physical goods and products, and only physical goods and products, purchased from us.
18.2. This Limited Warranty covers any defects in material or workmanship under normal use during the Warranty Period.
18.3. During the Warranty Period, we will repair or replace, at no charge, products or parts of a product that proves defective because of improper material or workmanship, under normal use and maintenace.
18.4. We will repair the Product using new or refurbished replacement parts
18.5. The Warranty Period for Physical goods purchased is stated on each Product’s page in our online store, and is measured from date of purchase.
18.6. A replacement or repaired Product assumes the remaining warranty of the original Physical Product or 90 days from the date of replacement or repair, whichever is longer.
18.7. This Limited Warranty does not cover any problem that is caused by conditions, malfunctions or damage not resulting from defects in material or workmanship
18.8. To make a claim against this Limited Warranty you must first contact us to diagnose and attempt to remotely correct the problem
18.9. If from this remote diagnosis we deem that the Product is indeed likely to be defective, you will return the Product at your closest to our offices in Pretoria. We will return any repaired or replaced Product to you at our cost, anywhere in the country using our normal shipping methods.

19.    Miscellaneous matters

19.1.    You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
19.2.    If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it will be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it will be binding in that changed or reduced form. Subject to that, each provision will be interpreted as severable and will not in any way affect any other of these terms.
19.3.    The rights and obligations of the parties set out in this agreement will pass to any permitted successor in title.
19.4.    QuantumCrayon respects your privacy and takes reasonable steps to protect your personal information as defined in the Promotion of Access to Information Act 2000 and Protection of Personal Information Act 2013. Our compliance with the legislation is set out in our Privacy Policy.
19.5.    If you are in breach of any term of this agreement, we may:
19.5.1    publish all text and content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
19.5.2    terminate your account and refuse access to Our Website;
19.5.3    remove or edit content, or cancel any order at our discretion;
19.5.4    issue a claim in any court.
19.6.    Any obligation in this agreement intended to continue to have effect after termination or completion will so continue.
19.7.    No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.8.    When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
19.9.    Any communication to be served on either part by the other will be delivered by hand or sent by registered mail or recorded delivery.
It will be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
19.10.    In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
19.11.    This agreement does not give any right to any third party.
19.12.    Neither party will be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
19.13.    In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement will prevail.
19.14.    The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.

Privacy Policy

This is the privacy statement of QuantumCrayon. In this document, “we” or “us” refers to QuantumCrayon.

We are company number 2019/411956/07 registered in South Africa.
Our registered office is at 44 Barnstable Rd, Lynnwood Manor, Pretoria, 0081.

This is a statement to tell you our policy about all information that we record about you. It covers both information that could identify you and information that could not.

We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our web site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party. Our policy is both specific and strict. It complies with the South African law. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.

We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our web site immediately.

Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site.

Here is a list of the information we collect from you, either through our web site or because you give it to us in some other way, and why it is necessary to collect it:

1.    Business and personal information

This includes basic identification and contact information, such as your name and contact details and also includes all information given to us in the course of your business and ours, such as information you give us in your capacity as our client.

We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect you to reciprocate this policy.

This information is used:
1.1.    to provide you with the services which you request;
1.2.    for verifying your identity for security purposes;
1.3.    for marketing our services and products where you have given us permission to do so;

Information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.

We keep information, which forms part of our business record for a minimum of six years. That is because we may need it in some way to support a claim or defence in court. That is also the period within which our tax collecting authorities may demand to know it.

2.    Market place information

When we obtain information from you specifically to enable you to buy a service offered on our web site by some other person, we assume that in giving us your information, you are also giving us permission to pass it to the relevant person.

3.    Your domain name and e-mail address

This information is recognised by our servers and the pages that you visit are recorded. We shall not under any circumstances, divulge your e-mail address to any person who is not an employee or contractor of ours and who does not need to know, either generally or specifically. This information is used:

3.1.    to correspond with you or deal with you as you expect;
3.2.    in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
3.3.    to send you news about the services to which you have signed up;
3.4.    to tell you about other of our services or services of sister web sites.

4.    Information you post on our website

Information you send to us by posting to a forum or blog or in your advertisement, is stored on our servers. We do not specifically use that information except to allow it to be read, but you will see in our terms and conditions that we reserve a right to use it in any way we decide.

5.    Website usage information

We may use software embedded in our website (such as JavaScript) to collect information about pages you view and how you have reached them, what you do when you visit a page, the length of time you remain on the page, and how we perform in providing content to you.

6.    Financial information relating to your credit cards

This information is never taken by us either through our website or otherwise. At the point of payment, you are transferred to a secure page on the website of Peach Payments. That page may be dressed in our “livery”, but it is not controlled by us. Our staff and contractors never have access to it.

7.    Note on padlock symbols and other trust marks

Many companies offer certification and an icon or other small graphic to prove to site visitors that the site is safe. Some certify to a high level of safety. We do not handle information about your credit card so do not subscribe to any such service.

8.    Credit reference

To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

9.    Third party advertising

Third parties may advertise on our web site. In doing so, those parties, their agents or other companies working for them may use technology that automatically collects your IP address when they send an advertisement that appears on our site to your browser. They may also use other technology such as cookies or JavaScript to personalise the content of, and to measure the performance of their adverts. We do not have control over these technologies or the data that these parties obtain. Accordingly, this privacy notice does not cover the information practices of these third parties.

10.    Third party content

Our web site is a publishing medium in that anyone may register and then publish information about himself or some other person. We do not moderate or control what is posted. If you complain about any of the content on our web site, we shall investigate your complaint. If we feel, it may be justified, we shall remove it while we investigate. Free speech is a fundamental right, so we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content which offends you. If we think, your complaint is vexatious or without any basis, we shall not correspond with you about it.

11.    Information we obtain from third parties

Although we do not disclose your personal information to any third party (except as set out in this notice), we do receive data which is indirectly made up from your personal information, from software services such as Google Analytics and others. No such information is identifiable to you.

12.    Content you provide to us with a view to be used by third party

If you provide information to us with a view to it being read, copied, downloaded or used by other people, we accept no responsibility for what that third party may do with it. It is up to you to satisfy yourself about the privacy level of every person who might see your information. If it is available to all the World, you have no control whatever as to how it is used.

13.    Cookies

Cookies are small text files that are placed on your computer’s hard drive through your web browser when you visit any web site. They are widely used to make web sites work, or work more efficiently, as well as to provide information to the owners of the site.

Like all other users of cookies, we may request the return of information from your computer when your browser requests a web page from our server. Cookies enable our web server to identify you to us, and to track your actions and the pages you visit while you use our website. The cookies we use may last for a single visit to our site (they are deleted from your computer when you close your browser), or may remain on your computer until you delete them or until a defined period of time has passed.

Although your browser software enables you to disable cookies, we recommend that you allow the use of cookies in order to take advantage of the features of our website that rely on their use. If you prevent their use, you will not be able to use all the functionality of our website. Here are the ways we use cookies:

​13.1.    to record whether you have accepted the use of cookies on our web site. This is solely to comply with the law. If you have chosen not to accept cookies, we will not use cookies for your visit, but unfortunately, our site will not work well for you.
13.2.    to allow essential parts of our web site to operate for you.
13.3.    to operate our content management system.
13.4.    to operate the online notification form – the form that you use to contact us for any reason. This cookie is set on your arrival at our web site and deleted when you close your browser.
13.5.    to enhance security on our contact form. It is set for use only through the contact form. This cookie is deleted when you close your browser.
13.6.    to collect information about how visitors use our site. We use the information to improve your experience of our site and enable us to increase sales. This cookie collects information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from, and the pages they visited. This cookie will last for 24 months.
13.7.    to record that a user has viewed a webcast. It collects information in an anonymous form. This cookie expires when you close your browser.
13.8.    to record your activity during a web cast. An example is as to whether you have asked a question or provided an opinion by ticking a box. This information is retained so that we can serve your information to you when you return to the site. This cookie will record an anonymous ID for each user, but it will not use the information for any other purpose. This cookie will last for up to 2 weeks, when it will delete automatically.
13.9.    to store your personal information so that you do not have to provide it afresh when you visit the site next time. This cookie will last for 2 weeks.
13.10.    to enable you to watch videos we have placed on YouTube. YouTube will not store personally identifiable cookie information when you use YouTube’s privacy-enhanced mode.

14.    Calling our help line

When you call our help line, we collect Calling Line Identification (CLI) information. We use this information to help improve the efficiency and effectiveness of our help line.

15.    Sending a message to our support system

When you send a message, we collect the data you have given to us in that message in order to obtain confirmation that you are entitled to receive the information and to provide to you the information you need. We record your request and our reply in order to increase the efficiency of our business / organisation. We do not keep any personally identifiable information associated with your message, such as your name or email address.

16.    Complaining

When we receive a complaint, we record all the information you have given to us. We use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and, if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

17.    Job application and employment

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.

18.    Marketing information

With your permission we pass your email address and name to selected associates whom we consider may provide services or products you would find useful. You may opt out of this service at any time by editing your user profile and unselecting the ‘Marketing Permission’ option.

19.    Re-marketing

We may use re-marketing from time to time. This involves Google or some other supplier placing a tag or marker on your website in order to be able to serve to you an advert for our products / services when you visit some other website.

20.    Affiliate information

This is information given to us by you in your capacity as an affiliate of us or a customer or client of ours. Such information is retained for business use only. We undertake to preserve the confidentiality of the information and of the terms of our relationship. It is not used for any other purpose. We expect any affiliate to agree to reciprocate this policy. As an exception to this, we have the right to disclose your first name and URL of your affiliate connection to other affiliates and to any other person or organisation, on and off site. The reason is solely to enable us to mention winners and others whose performance as an affiliate is in some way outstanding.

21.    Use of site by children

We do not market to children, nor do we sell products or services for purchase by children. We do sell products and services for end use by children, but for purchase by adults. If you are under 18, you may use our site only with consent from a parent or guardian.

22.    Disclosure to Government and their agencies

We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

23.    Compliance with the law

This confidentiality policy has been compiled so as to comply with the law of every jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your country, we should like to hear from you, but ultimately it is your choice as to whether you wish to use our website.

24.    Review or update personally identifiable information

At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

25.    Removal of your information

If you wish us to remove personally identifiable information from our web site, you may delete your account on https://edu.quantumcrayon.co.za. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.

26.    Data may be “processed” outside South Africa

Our web sites are hosted on Amazon AWS in Europe and fall under the scope of the European Union’s General Data Protection Regulation (GDPR) data privacy laws. We also use outsourced online services in countries outside South Africa from time to time in other aspects of our business, for example: conducting anonymous surveys via Google Forms. Accordingly data obtained within South Africa may be processed outside South Africa and data obtained in any other country may be processed within or outside that country.

27. Changes to our privacy policy

We reserve the right to amend this privacy policy at any time, without prior notice, by posting the amended statement on our website.

28. Contacting us

If you have any question regarding the privacy policy or should you wish to know what personal information we hold about you, to request correction or deletion of personal information, or to withdraw your consent to processing of your personal information please contact us at POPIA@quantumcrayon.co.za.

If you are unsatisfied with the manner in which we address any complaint with regard to our processing of your personal information you can contact the office of the Information Regulator, the details of which are set out below – Website:http://justice.gov.za/inforeg/ Tel: 012 406 4818 Fax: 086 500 3351 Email: inforeg@justice.gov.za