Privacy Policy | SYSPRO ERP Software
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Privacy Policy

1. Scope of privacy policy

1.1 This Privacy Policy describes the privacy practices of this website as well as any other SYSPRO websites that include a link to this Privacy Policy. The foregoing are referred to as “Website” in this Privacy Policy.

1.2 Additional privacy related information may be provided for in the Terms of Use applicable to the Website.

1.3 In this Privacy Policy “you” is a reference to any juristic entity or individual, including individuals who are registered as users of a juristic entity, who access the Website.

2 Consent

2.1 By using the Website, you consent to SYSPRO’s collection and use of the information as described herein.

2.2 If SYSPRO decides to make changes to this Privacy Policy, SYSPRO will post the changes on this page so that you will always know what information SYSPRO collects and how SYSPRO uses it. Your continued use of the Website automatically binds you to the current version of this Privacy Policy.

2.3 You are required to regularly access this Privacy Policy to keep yourself advised of these changes.

3 What information SYSPRO Collects about you

3.1 Through your interaction with and use of the Website, SYSPRO may collect Personal Information, which is information that can identify you as an individual or juristic entity or is capable of identifying you. Personal Information does not include general, statistical, aggregated or anonymised information. Personal Information may include, but is not limited to:

3.1.1 your name and physical address, email addresses and telephone numbers;

3.1.2 your payment information;

3.1.3 behavioural or demographic attributes, when tied to personal identifiers;

3.1.4 past transactional behaviour on the Website;

3.1.5 your use of the Website and the services, products, tools and material made available by way of the Website;

3.1.6 information about your company such as the name, size and location of your company and your role within the company.

3.2 SYSPRO may also collect other information through your interaction with and use of the Website which does not reveal your specific identity or does not directly relate to an individual or juristic entity. This information may include, but is not limited to:

3.2.1 unique IDs such as a cookie placed on your computer, mobile or device IDs;

3.2.2 Internet Protocol address (“IP address”) and information derived from your IP address such as your geographic location;

3.2.3 information about your devices such as information contained in HTTP Headers or other internet transfer protocol signals, browser or device type and version, operating system, user-agent strings and information about your preferred language;

3.2.4 behavioural data about your usage of the Website, such as webpages clicked and content areas visited, content downloaded, date and time of activities;

3.2.5 whether you have received or opened an email that SYSPRO sent you or clicked a link on that email.

3.3 In some instances, SYSPRO may combine other information with Personal Information, such as combining a precise geographical location with your name. If SYSPRO combines other information with Personal Information, SYSPRO will treat the combined information as Personal Information.

4 How SYSPRO collects information

4.1 SYSPRO, its affiliates and its third party service providers may collect information from a variety of sources including, without being limited to:

4.1.1 your use of and interaction with SYSPRO through the Website and your activities on the Website;

4.1.2 the use of technologies such as:

4.1.2.1 electronic communication protocols – when you visit the Website, SYSPRO may automatically receive information from you as part of the communication connection itself, which often consists of network routing information (where you came from), equipment information (browser type or device type), your IP address (which may identify your general geographic location or company) and date and time. SYSPRO may also automatically receive and record information about your interaction with the Website, such as clickstream information (when each SYSPRO webpage was visited and how much time was spent on the page), how often you access the Website, performance data, aggregate usage or general geo-location data;

4.1.2.2 cookies – is a small piece of information sent by a web server to store information on your web browser so it can later be read back from that browser. Cookies may collect information, including a unique identifier, user preferences, profile information, membership information and general usage and volume statistical information. Cookies may also collect individualised website use data, provide website personalisation or conduct and measure the effectiveness of advertising in accordance with this Privacy Policy. You can set your browser to alert you when a cookie is being used and accept, reject or disable the cookie. If you reject or disable a cookie, you may not be able to use certain parts of the Website and it may affect your experience of or interfere with the Website’s features and customisations;

4.1.2.3 flash cookies – they remember the Website’s settings to personalise the look and feel of the Website. Like normal cookies, flash cookies are represented as small files on your computer and can be disabled;

4.1.2.4 embedded URLs – allow limited information to follow you as you navigate the Website, but are not associated with Personal Information and are not used beyond the session;

4.1.2.5 pixels – identify unique user visits for advertising purposes and to provide information on when the e-mail or advert was opened to track marketing campaign responsiveness;

4.1.2.6 widgets, buttons and tools – they are interactive mini-programs that run on the Website to provide specific services from another service provider or that link to other service provider’s services. The widget, button or tool may collect and automatically send Personal Information, such as your e-mail address, or other information, such as your browser information, or IP address, to a third party;

4.1.2.7 analytics tools – these tools may establish your location, track how you use the Website or create a profile of you. This assists SYSPRO to determine which content is the most appropriate to be displayed while you visit the Website, which products and services you are interested in and how you are using the information that is made available to you on the Website;

4.1.3 other data you may have made publicly available, such as social media posts or data provided by third party sources, such as marketing opt-in lists or data aggregator.

5 How SYSPRO uses and shares information

5.1 SYSPRO uses the Personal Information it collects (unless otherwise restricted by applicable law):

5.1.1 to engage in transactions with you and to process your transactions;

5.1.2 to provide you with services, tools, training and support;

5.1.3 to provide you with operational communications;

5.1.4 to notify you about any other information related to SYSPRO’s software and information related to the PartnerUP Program. This may occasionally include information from other business partners about their products and services that can add value to SYSPRO’s products or to the functions performed by a channel partner;

5.1.5 to advertise the PartnerUP Program’s products and services and to advertise SYSPRO’s products and services in accordance with this Privacy Policy. Your website visit, marketing experience and communications may be tailored to your interests based on your Personal Information;

5.1.6 to provide SYSPRO online communities. The Website permits you to participate in interactive discussions, post content and engage in networking activities. SYSPRO does not control the content that users post to these forums. You should carefully consider whether you wish to submit Personal Information to these forums. To manage or remove your Personal Information from our online communities, please send your request to partnerupsupport@syspro.com. If SYSPRO is not able to remove your Personal Information, SYSPRO will let you know;

5.1.7 to confirm certain information about your downloading of products, tools, material, templates and documentation from the Website and to provide marketing information about related products and services;

5.1.8 to diagnose problems in respect of the Website, to administer the Website and to gather demographic information;

5.1.9 to help create and personalise content on the Website and to facilitate and improve your use of the Website;

5.1.10 to evaluate and improve SYSPRO’s products, services, marketing, channel partner and licensee relationships;

5.1.11 to communicate with you about any matters related to the PartnerUP Program, whether they apply generally to all channel partners or specifically to you;

5.1.12 to communicate with you about any matters related to SYSPRO’s products and services;

5.1.13 as SYSPRO believes to be necessary or appropriate to protect SYSPRO’s employees and affiliates and other users of the Website, SYSPRO’s physical and online operations, SYSPRO’s property, SYSPRO’s rights and SYSPRO’s privacy and/or that of SYSPRO’s affiliates, you or others.

5.2 SYSPRO uses and shares the Personal Information it collects (unless otherwise restricted by applicable law):

5.2.1 with third parties who provide services to SYSPRO such as analytics, hosting websites, event/campaign management, website management, information technology and related infrastructure provision, customer service, e-mail delivery, auditing and other similar services. When SYSPRO shares Personal Information with third party service providers, SYSPRO requires that they use your Personal Information only for the purpose of providing services to SYSPRO and subject to terms consistent with this Privacy Policy;

5.2.2 as SYSPRO believes to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence or business; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence or business, for national security and/or law enforcement purposes; (d) to enforce SYSPRO’s terms and conditions; and (e) to allow SYSPRO to pursue available remedies or limit the damages that SYSPRO may sustain;

5.2.3 in the event of a reorganisation, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of SYSPRO’s business, assets or shares (including in connection with any bankruptcy or similar proceedings), SYSPRO may transfer the Personal Information SYSPRO has collected to the relevant third party.

5.3 Some of the Personal Information uses specified above are not mandatory and may be controlled by you by setting use preferences or electing to opt-out, however your decision to do so may affect your use of the Website.

5.4 SYSPRO does not sell or rent your Personal Information to third parties for any purpose.

5.5 SYSPRO may use, transfer and disclose other information, which is not Personal Information, that SYSPRO collects for any purpose, except where applicable law requires otherwise.

6 Third party information

6.1 If you share any Personal Information with SYSPRO that relates to another person (“Data Subject”) you warrant and undertake to and in favour of SYSPRO that:

6.1.1 you are in lawful possession and control of the Personal Information and that you have the consent of the Data Subject to allow SYSPRO to Process (including copying, compiling, collecting, collating, processing, mining, storing and or transferring) and in any other manner use such Personal Information for the purpose for which it was collected or made available and as contemplated in this Privacy Policy;

6.1.2 the Data Subject has consented to the Data Subject’s Personal Information being Processed in a country that is different to the Data Subject’s country of residence or business;

6.1.3 you will promptly inform SYSPRO in the event that a Data Subject requests that its Personal Information be updated or in the event that a Data Subject withdraws the consent referred to in this clause 6.1;

6.1.4 except to comply with a request received to update a Data Subject’s Personal Information, SYSPRO shall not be responsible for ensuring the correctness or accuracy of the Personal Information.

6.2 You indemnify, defend and hold SYSPRO harmless from and against any and all claims, demands, causes of action, liabilities, losses, damages, judgments, settlements, fines, penalties, awards, costs, expenses and fees (including legal costs and fees on an indemnity basis) that may be sustained, suffered or secured against or incurred by SYSPRO arising out of or resulting from:

6.2.1 SYSPRO’s lawful processing of a Data Subject’s Personal Information;

6.2.2 the Personal Information not being correct or accurate; or

6.2.3 your breach of the above provisions.

7 Access, correction and profile udpates

7.1 SYSPRO relies on you to help keep the Personal Information that you have shared with SYSPRO accurate and up to date.

7.2 You may request to review, correct, update, suppress or otherwise modify any of your Personal Information that you have previously provided to SYSPRO through the Website or object to SYSPRO’s use or Processing of such Personal Information.

7.3 You have the ability to update your profile and related Personal Information at any time. Should you need SYSPRO’s assistance in this regard, please contact SYSPRO at partnerupsupport@syspro.com.

8 Retention and deletion

8.1 The time periods for which SYSPRO keeps your Personal Information may vary according to the use or purpose attached to the Personal Information. Unless there is a specific legal requirement requiring SYSPRO to keep your Personal Information, SYSPRO will not keep it for longer than necessary for the purpose for which the Personal Information was collected or for which it is to be Processed.

8.2 At the end of the retention period, SYSPRO will delete your Personal Information in a manner designed to ensure that it cannot be reconstructed or read.

9 Security

9.1 SYSPRO uses reasonable safeguards that are designed to protect your Personal Information from loss, misuse and unauthorised access, disclosure, alteration and destruction. In addition, SYSPRO uses standard security protocols and mechanisms to exchange the transmission of sensitive data. When you enter sensitive Personal Information, SYSPRO encrypts it.

9.2 Notwithstanding the above, despite our efforts, no security controls are 100% effective and SYSPRO cannot guarantee the security of your Personal Information. In the event that your Personal Information is acquired, or is reasonably believed to have been acquired, by an unauthorised person and applicable law requires notification, SYSPRO will give you notice promptly. SYSPRO will determine the scope of the breach and investigate and restore the integrity of the data system.

10 Cross-border transfer

Your Personal Information may be transferred, Processed and accessed globally as necessary in compliance with applicable laws. In some of these countries, such as the United States, the privacy protections and rights of authorities to access Personal Information may not be equivalent to those applicable to your country of residence or business.

11 Links to other sites

The Website may contain links to websites of other parties. SYSPRO is not responsible for the privacy practices or the content of such other websites. Therefore, you must carefully read the privacy statements of such websites.

12 Note about children

Minors are not eligible to use the Website and SYSPRO requests that they do not submit any Personal Information to SYSPRO. If you believe that SYSPRO has mistakenly or unintentionally collected Personal Information of a minor through the Website, please notify SYSPRO at partnerupsupport@syspro.com so that SYSPRO may immediately delete the information from SYSPRO’s servers and make any other corrections.

13 Sensitive information

You undertake not to send or share with SYSPRO any sensitive Personal Information (such as information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership).

14 Disputes

14.1 If you have any complaints regarding SYSPRO’s compliance with this Privacy Policy, you should first contact SYSPRO. SYSPRO will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with this Privacy Policy

14.2 This Privacy Policy shall be deemed to be made under the laws of the Republic of South Africa and the construction, validity, interpretation and performance of this Privacy Policy as well as any dispute related to or arising from this Privacy Policy shall be governed in all respects by the laws of the Republic of South Africa without regard to the principles of conflict of laws and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods. You and SYSPRO hereby submit to the exclusive jurisdiction of the courts of the Republic of South Africa. Notwithstanding the foregoing, nothing in this Privacy Policy precludes SYSPRO from taking proceedings against you in any court of competent jurisdiction nor will the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in other jurisdictions, whether concurrently or not.

15 General clauses

15.1 This Privacy Policy sets forth the entire understanding and agreement between SYSPRO and you with respect to the subject matter hereof.

15.2 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

15.3 In the event that any of the provisions of this Privacy Policy are or may become illegal, invalid, unlawful or unenforceable in any jurisdiction affected by this Privacy Policy, such provision as to such jurisdiction, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as not written in this Privacy Policy and severed from the balance of this Privacy Policy, without invalidating the remaining provisions of this Privacy Policy or affecting the validity or enforceability of such provision in any other jurisdiction.

15.4 SYSPRO’s failure to enforce any provision of this Privacy Policy will not constitute a waiver of such provision or affect in any way SYSPRO’s right to require the performance of such provision at any time in the future.

15.5 You shall not be entitled to cede or assign your rights or delegate your obligations in terms of this Privacy Policy to any third party without SYSPRO’s prior written consent.

15.6 The termination of your relationship with SYSPRO, for any reason, or the cessation of your use of the Website shall not affect the provisions of this Privacy Policy as expressly provide that they will operate after any such termination or cessation or which of necessity must continue to have effect after such termination or cessation notwithstanding that the provisions themselves do not expressly provide for this.

15.7 The head notes to the paragraphs to this Privacy Policy are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

15.8 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include the female and neuter genders and words importing persons shall include partnerships and corporate and unincorporated entities.

15.9 No provision in this Privacy Policy shall be construed against or interpreted to the disadvantage of SYSPRO by reason of SYSPRO having or being deemed to have structured, drafted or introduced such provision.