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Terms of Use
Terms & Conditions

THIS IS A LEGALLY BINDING AGREEMENT between Bidvest Advisory Services Proprietary Limited (2016/119059/07), a private company duly incorporated in accordance with the laws of South Africa ("BAS", “BidvestALICE”, "we" or "us") and you (by which we mean the natural or juristic person, entity or organisation) visiting, accessing or using (or directing the visit, access or use) of any services provided by BAS ("Services"). A list of officer bearers can be found at alice@bidvestalice.com. You can contact us by sending an email to alice@bidvestalice.com or by registered post to: Bidvest House, 18 Crescent Drive, Melrose Arch, Gauteng, 2196, South Africa.

BY CLICKING "I AGREE", OR BY OTHERWISE SIGNING UP OR FOR AN ACCOUNT, OR BY ACCESSING OR USING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE ("Terms") WORLDWIDE AND ARE ENTERING INTO A FULLY BINDING AGREEMENT. You must be free of any limitation on capacity to act, enter into contract or ability to use the Services in terms of the applicable law, and of an age that grants such full capacity and ability in terms of the applicable law. Please read these Terms carefully, and do not sign up for an account or use the Services if you are unwilling, unable or lack capacity to be bound by these Terms. You and we are collectively referred to as the "Parties".

Policies and Other Agreements

To the extent that you have entered into any special terms or separate agreement ("Alternate Terms") with BAS on the same subject matter as set out in these Terms, such agreement shall only take precedence over these Terms in conflicts if specifically agreed in such Alternate Terms, failing which these Terms shall take precedence. These Terms are to be read together with BAS' Privacy Notice , and any further policies issued by BAS, from time to time, which collectively govern the Services.

BAS may, from time to time, provide the details of our local authorised sales and marketing representatives for convenience and ease of communication. Such representatives do not have any authority to bind BAS, unless indicated otherwise in writing to you and unless BAS has agreed to provide you with the Services. Where BAS so agrees, your relationship in respect of the Services is directly with BAS.

License

For the duration of the period of your purchased subscription and subject to receipt of payment of the applicable subscription fee and any limitations provided for in these Terms, BAS grants to you a non-exclusive, non-transferable license, without rights to sublicense, to use the Services in connection with your internal business operations, which shall be provided in accordance with these Terms.

Your use of the Services

In using the Services, you hereby undertake:

  1. to use the Services solely for the purposes and in the manner for which they were provided, in a proper and prudent manner and in compliance with all applicable laws;
  2. to be solely responsible for (a) procuring and maintaining your own IT systems, network connections and telecommunications links to BAS’s data centres or infrastructure and (b) all problems, conditions, delays, delivery failures and all other claims or losses arising from or relating to your network connections or telecommunications links or caused by the internet;
  3. to not to permit any legal entity, person or agent other than BAS’s administrators to create internet links to the Services or frame or mirror the Services on any other server or wireless or internet-based device;
  4. to not access, store, distribute or transmit any material during the course of your use of the Services:
    1. that contains any viruses or destructive elements;
    2. that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
    3. that facilitates illegal activity;
    4. in a manner that is otherwise illegal or causes damage or injury to any person or property.
Use of Services provided by Third Parties

The use of the Services may include third party services which are subject to additional terms of use specified below.

For ABBYY FlexiCapture Cloud:

  1. The End User is granted only a non-exclusive, non-transferrable right to use the ABBYY Service only with the BAS Service.
  2. ABBYY shall not be liable to the End User for any general, special, direct, indirect, consequential, incidental, or lost profits or other damages arising out of or related to the ABBYY Service.
  3. End Users will not:
    1. decompile or reverse engineer the Service Software;
    2. modify, publish, transmit, license, sublicense, transfer, sell, distribute, reproduce, create derivative or collective works from, or in any way otherwise exploit the Service Software or make the Service Software available, in whole or in part;
    3. disclose results of any services or program benchmark tests without ABBYY’s prior written consent;
    4. license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the Service available to any third party other than as expressly permitted under this Agreement;
    5. transmit files, content, photographs, videos, personal or technical data or any other type of information or data (collectively, “User Content”) that is defamatory or libelous;
    6. transmit any User Content that it has no rights to, or for which transmission would constitute infringement of third-party Intellectual Property Rights; or
    7. transmit any viruses, malicious code, Trojans, worms, corrupted files, or any other similar software that may damage the operation of another's computer, data or property, or transmit any other harmful or code technology;
  4. all disputes between BAS and End Users, whether or not relating to any information, data or forms available on or through the Service, will be settled by and between BAS and the End User. ABBYY bears no responsibility for resolving such disputes and has no obligation to be involved in any way in any such dispute;
  5. End User shall comply with all applicable legal requirements regarding privacy and data protection and is responsible for obtain sufficient consent and authorization from data subjects when providing personal data and any other information to BAS and ABBYY in the course of using BAS’s Services in order to permit the processing of such data by ABBYY; and
  6. Notwithstanding the above, ABBYY is not responsible for compliance with the data protection laws applicable to End Users or its industry and not generally applicable to information technology service providers or providers using critical infrastructure (e.g. financial or credit institutions, health and safety institutions, professional unions or associations, religious organizations).
Fee and Payment

The fees payable by you for any subscription to access the Services is as per the subscription option you have signed up for or purchased. These fees are subject to change, which changes will become effective as at the renewal date of your subscription, unless you opt to cancel your subscription prior to such renewal date. You agree to monitor and terminate your subscription prior to renewal should you not wish to continue the Services. Unless otherwise stated, all fees are quoted in United States Dollars and are exclusive of any sales tax, value-added tax or other taxes in terms of applicable law. Any outstanding balance becomes immediately due and payable upon termination of your subscription to the Services and any collection expenses (including attorneys' fees on an attorney-and-own-client scale) incurred by BAS will be included in the amount owed, and may be charged to the credit card or other billing mechanism associated with your account.

User IDs and Account Access

You will adopt and maintain reasonable and appropriate security precautions for any User ID(s), password(s) and API key(s), including those issued to your authorized employees, if applicable, to prevent their disclosure to or use by unauthorized persons. You are responsible for the actions of any person accessing the Services via a User ID issued by BAS to you. You warrant that all information provided for the creation of an account and User ID is accurate and complete. If you become aware of any unauthorized use of your password or of your account, you agree to notify BAS immediately at escalations@bidvestalice.com. If requested by BAS, to specify one or more administrators who will have the right to administer the User ID(s) allocated to you ("Administrators"). The Administrators shall have the ability to access all User ID(s), including the ability to access, monitor, use, modify, withhold, or disclose any data available to your end users and associated with their User ID(s). You are responsible for the consequences of all actions or omissions of such administrators. You are further responsible for:

  1. designating those persons who are authorised to access the Services as end users;
  2. ensuring that only Administrators are authorised to administer the end user's access to the Services and that only authorised end users are able to adapt, edit, delete, modify and customise reports generated via the Services;
  3. ensuring that other end users are only granted the right to download and read the reports provided to the you through the Services;
  4. ensuring that the Administrators immediately revoke any User ID allocated to an end user, if that end user is no longer authorised to access the Services;
  5. the revocation of any User ID allocated to an Administrator who is no longer authorised by you to access the Services;
  6. advising the Administrators and the end users that their personal information will be required to be furnished to BAS for the creation of the User ID(s) and procuring the consent required in terms of applicable law;
  7. ensuring that the Administrators and end users only access the Services in accordance with these Terms and that the Administrators and end users comply with these Terms at all times; and
  8. ensuring that the Administrators and end users do not: (i) remove, obscure, or alter any copyright, trade mark, or other proprietary rights notices; or (ii) falsify or delete any author attributions, legal notices, or other labels of the origin or source of material associated with the Services.
Modifications to the Services

BAS may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Service's features, the user interface and design, the extent and availability of the contents in the Services and any other aspect related to the Services. You will have no claim, complaint or demand against BAS for applying such changes or for failures incidental to such changes.

Support

BAS is under no obligation for providing any support in connection with the Services. However, at its discretion, BAS provides access to basic support via its Chat Bot facilities incorporated in the Service interface and queries can also be e-mailed to support@bidvestalice.com. Any such support provided is only be available during normal working hours.

Termination

Unless otherwise agreed, you may terminate your subscription to Services at any time. To the extent your subscription to the Services auto-renews, you may cancel such auto-renewal up until 48 hours prior to the date of renewal. Upon any termination of your subscription to the Services, BAS will stop providing, and you will stop accessing the Services. Any continued use of the Services after termination will continue to be governed by these Terms. BAS shall be entitled to terminate your access to the Services at any time: (a) if BAS reasonably suspects breach of these Terms by you (including any failure to timeously pay any applicable fees); (b) if the continuation of the Services is contrary to applicable law; (c) if BAS has elected to discontinue the relevant Services you have subscribed for, after the expiry of your subscription; or (d) on 30 (thirty) days' notice to you (in which case, termination will be effective on the renewal date of your subscription to the Service). In the event of any termination: (a) you will not be entitled to any refunds of any fees for subscriptions already purchased, notwithstanding the date of your termination or that the period of such subscription has not run out, and (b) any outstanding balance for Services already rendered will be immediately due and payable in full. After termination, your account details, documentation and/or any historical report data will no longer be available to you.

Any free or demo subscriptions or access to the Services made available to you by BAS may be modified (in terms of functionality, availability, duration or otherwise) or terminated at BAS' discretion at any time.

Security

All facilities used to store and process your data will adhere to reasonable security standards no less protective than the security standards at facilities where BAS stores and processes its own information of a similar type. BAS has implemented at least industry standard systems and procedures to ensure the security and confidentiality of your data, protect against anticipated threats or hazards to the security or integrity of your data, and protect against unauthorised access to or use of your data.

Intellectual Property

Unless otherwise agreed, for the purposes of these Terms, "Intellectual Property Rights" means all intellectual property rights in terms of the applicable laws, including (without limitation), patents, designs, inventions, trademarks, service marks, domain names and URLs, sales and user data, databases, trade secrets, methods and know-how, as well as copyright, including all copyright in any logos, devices, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above.

  1. BAS Intellectual Property - The Services, which includes the software, platforms, interfaces or other systems used for the provision of the Services (and all Intellectual Property Rights, as defined below, vesting therein) (collectively the "ALICE Services and Systems") are, and will remain, the property of BAS (and its wholly owned subsidiaries). All rights in and to the ALICE Services and Systems not expressly granted to you in these Terms are reserved and retained by BAS and its licensors without restriction, including BAS (and its wholly owned subsidiaries’) right to sole ownership of the ALICE Services and Systems. Without limiting the generality of the foregoing, you agree not to (and not to allow any third party to): (a) sublicense, distribute, or use the ALICE Services and Systems outside of the scope of the license granted in these Terms; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the ALICE Services and Systems or otherwise attempt to discover any source code or trade secrets related to the ALICE Services and Systems; (c) rent, lease, sell, assign or otherwise transfer rights in or to the ALICE Services and Systems or any Documentation provided to you by BAS; (d) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the ALICE Services and Systems; (e) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the ALICE Services and Systems for any purpose without the express written consent of BAS; (f) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with BAS (or its wholly owned subsidiaries) other than in the name of BAS (or its wholly owned subsidiaries, as the case may be); (g) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the ALICE Services and Systems; or (h) seek, in a proceeding filed during the term of these Terms or for one year after such term, an injunction of any portion of the ALICE Services and Systems based on patent infringement.
  2. Algorithmic Data - All Intellectual Property Rights in any algorithms generated by the ALICE Services and Systems, whether by direct or indirect human design or intervention or whether derived through the application of machine learning solutions, together with de-identified data generated by such algorithms ("Algorithm"), shall be owned by BAS. You acknowledge that any disclosure pursuant to these Terms of the above will not confer on you or any authorised users any Intellectual Property Rights or other rights in relation to such Algorithms, and such shall be considered to be included in the meaning of the "ALICE Services and Systems", and included in the interpretation of clause A above. To the extent that you or any of your directors, officers, employees, agents, other staff, subcontractors (including any of your subcontractors' directors, officers, employees, agents, staff, contractors and authorised users) (“Personnel”) create, produce or develop any works which derive from, or which constitute a modification or adaption of the Algorithm, you hereby assign and procure that such Personnel assigns all right, title and interest in and to any existing and future Intellectual Property Rights in such works to BAS upon creation and waive (or procure waivers from Personnel, as applicable) any moral rights arising in any such works to the fullest extent permitted by applicable law. In so far as those Intellectual Property Rights do not vest automatically by operation of law or under these Terms, you hold the legal title (or will procure that any applicable Personnel holds such title) in any such rights on trust for the benefit of BAS.
  3. Your Intellectual Property - You retain all right, title and interest in and to your Intellectual Property Rights subsisting in any data or information you provide to BAS in order to enable the rendering of the Services ("Your IP"). BAS shall not be permitted to use Your IP for the benefit of any entities other than you without your written consent. BAS shall cease all use of Your IP as of the termination or expiration of your subscription to the Services. Your hereby grant to BAS an irrevocable, fully paid-up, royalty-free, license to use any of the Your IP as necessary to provide the Services in accordance with the provisions of these Terms.
Your Data

You are responsible for ensuring the legality, reliability, integrity, accuracy and quality of the data uploaded in order to receive the Services. You acknowledge and agree that any reports generated for and delivered to you through use of the Services are based on the data uploaded by the you. In its performance of the Services, you acknowledge that BAS merely acts as a data processor whose sole responsibility will be to ensure that the data processed by it is processed in accordance with BAS's algorithms, rules, processes and procedures. Under no circumstances whatsoever shall BAS be responsible for the legality, reliability (including any obligation to provide for back-ups), integrity, accuracy and quality of any reports generated as part of the Services and BAS shall not be liable for any claims or losses arising from your or any third party's reliance on or use of the Services or reports generated via the Services. You have the right to edit, adapt, modify, redact and customise the reports or controls and dashboards (as applicable) provided via the Services for your own internal business purposes or requirements but under no circumstances whatsoever are you permitted to use the Reports, including any edited, adapted, modified, redacted or customised version of such reports for any commercial purpose, without prior consent and agreement with BAS. For further information on BAS' data protection policies, please refer to our Privacy Notice .

Exclusion of Warranties

You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and “as available.” You further expressly acknowledge that your sole remedy in respect of dissatisfaction with the Services shall be cancellation.

In particular, BAS, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

  1. your use of the services will meet your requirements;
  2. your use of the services will be uninterrupted, timely, secure or free from error;
  3. any information obtained by you as a result of your use of the services will be accurate or reliable; and
  4. that defects in the operation or functionality of any software provided to you as part of the services will be corrected.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from BAS or through or from the services shall create any warranty not expressly stated in the Terms. BAS further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose and non-infringement. Nothing in these Terms shall exclude or limit BAS' warranty or liability for losses, which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

Indemnity

You hereby indemnify BAS and hold BAS harmless in respect of any losses, claims or liability arising from (a) any failure by you to comply with these Terms, (b) your failure to comply with applicable law and (c) any third party liability arising from any infringement by you of their proprietary or other rights in respect of data provided by you or your misuse of the Services.

Limitation of Liability

To the fullest extent permissible in law, BAS, including its officers, directors, shareholders, employees, sub-contractors and agents will not be liable for any direct, indirect, incidental or consequential damage, or any other damage, and loss (including loss of profit and loss of data), costs, expenses and payments, either in delict, tort, contractual, or in any other form of liability, arising from, or in connection with the use of, or the inability to use the service, or from any failure, error, or breakdown in the function of the services, or from any fault, or error made by our staff or anyone acting on its behalf, or from your reliance on the content of the service, including, without limitation, content originating from third parties, or from any communication with the service, or with other users on or through the service, or from any denial or cancellation of your user account, or from retention, deletion, disclosure and any other use or loss of your data on the service.

Confidentiality

Neither Party shall communicate, disclose, or provide to any third party any information provided by one party to the other in connection with these Terms which is identified at the time of its disclosure as confidential or which, by the nature or type of information, reasonably should be regarded as confidential information (collectively “Confidential Information”), except as expressly provided in these Terms or otherwise expressly authorized by the disclosing party in writing. You acknowledge and agree that the Services are confidential to BAS, and that any disclosure of the Services, shall be subject to BAS’ prior written consent and these Terms. Each Party agrees to treat the Confidential Information of the other as confidential, using the same degree of care used by the receiving party to protect the receiving party's own confidential information, but in any event not less than a reasonable degree of care. This confidentiality provision does not apply to any information: (i) available in the public domain through no fault of the receiving party; (ii) independently developed by or on behalf of the receiving party without reference to the Confidential Information; or (iii) disclosed to the receiving party without restriction by a third party having a bona fide right to do so and not having an obligation of confidence with respect to such information. Nothing in these Terms shall restrict a Party from disclosing any Confidential Information as required by law; provided in each case that the receiving party, to the extent permitted by such law, shall timely inform the disclosing party so that the disclosing party may seek a protective order. This confidentiality provision shall continue until a period of three (3) years following the time of return or deletion of the Confidential Information.

Export Control

The Parties acknowledge that any data, software, and information provided by either Party under these Terms are, or may be, subject to export laws of the United States. You agree that you will not use, distribute, transfer or transmit data, software or technical information forming part of the Services except in full compliance with such export laws. You also warrant that you are not (nor any person on whose behalf you make use of the Services) listed as a sanctioned party on the list of restricted parties by the Government of the United States of America, the European Union and the United Nations.

Modifications of These Terms

BAS may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Services and on the Service's home page on the site. Your continued use of the Services after the Terms have been modified signifies your assent to the updated Terms. If you do not agree to the updated Terms or to any term within them, you must discontinue all further use of the Services.

General
  1. Assignment - you may not assign or transfer any part of your rights and obligations in terms of these Terms to any other person.
  2. Subcontracting - BAS may subcontract any of its obligations under these Terms.
  3. Force Majeure - BAS will not be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
  4. No Agency - These Terms does not create any agency, partnership or joint venture between the Parties.
  5. No Third Party Beneficiaries - These Terms does not confer any benefits on any third party unless it expressly states that it does.
  6. Severability - If any term (or part of а term) of these Terms are invalid, illegal or unenforceable, the rest of the Terms will remain in effect.
  7. Disputes and Governing Law. If you are South African, South African law governs these Terms, and for all other jurisdictions, the laws of England and Wales shall govern these Terms. Notwithstanding the aforegoing, (i) the parties submit to the exclusive jurisdiction of the South African High Courts in relation to any dispute (contractual or non-contractual) concerning these Terms and (ii) BAS may apply to any court for an interdict, injunction or other relief to protect its rights.

Version 1.3 Last updated 10 December 2021

Privacy Notice
Privacy Notice

The protection of personal data, as well as compliance with privacy and data protection laws is important to Bidvest Advisory Services Proprietary Limited (2016/119059/07), a private company duly incorporated in accordance with the laws of South Africa ("BAS", “BidvestALICE”, "we", and "us"). This Privacy Notice explains the types of personal information we collect, how we use that information, who we share the information with and also sets out how we protect that information.

All defined terms used in this Privacy Notice will have the meaning ascribed to them in the Terms of Use. Please read the following carefully to understand our views and practices regarding your personal information, and how we will treat it. By continuing to use the ALICE Services and Systems (as defined in the Terms of Use), you are agreeing to the practices described in this Privacy Notice . If you do not agree with the practices described in the Privacy Notice , you should not use the ALICE Services and Systems.

Who We Are

BAS is a business-to-business technology and professional services entity operating in the areas of software development of the ALICE platform and associated consulting services. Despite being rooted in Southern Africa, BAS operates both locally and internationally. Inherent in the provision of these goods and services, and in partnership with our customers, BAS continually has access to and needs to process personal information and information relating to individuals and legal entities, which processing takes place in Southern Africa, Ireland, the United States of America and the respective locations of our customers.

For the purposes of applicable data protection laws (including the Protection of Personal Information Act 4 of 2013 (POPI) and General Data Protection Regulation (GDPR) and any legislation or regulation which replaces POPI or the GDPR), the data controller (or responsible party), where BAS acts as controller in terms of the applicable law, is BAS situated at Bidvest House, 18 Crescent Drive, Melrose Arch, Gauteng, South Africa.

Information Covered By This Privacy Notice

This Privacy Notice covers all personal information collected and used by BAS. In this Privacy Notice "personal data" or "personal information" means information that (either in isolation or in combination with other information held by us) enables you to be identified as an individual or recognised directly or indirectly. This may include your name, e-mail address, phone number, financial and credit card information, electronic funds transfer details, personal description, physical address, photograph and technical information for the devices you use to access the ALICE Services and Systems. If you contact us for any reason, we may keep a record of that correspondence.

What Information Do We Collect From You

We may collect information from you from the following sources as set out below.

Information You Give Us

You or a colleague may specifically provide us with information by filling in forms on the ALICE Services and Systems or by corresponding with us by phone, e-mail, via out chatbot or otherwise. This includes:

  • your name, e-mail address and phone number, a password to access the system, financial and credit card information, electronic funds transfer details, personal description and photograph.
  • details of your organisation, position or title, details about the physical location of your operations and linking of your organisation to other related parties.
  • other information you provide when you register to use the ALICE Services and Systems, subscribe to our service, when you complete surveys that we use for research purposes, although you do not have to respond to them, participate in discussion boards or other social media functions on the ALICE Services and Systems, enter a competition, promotion or survey and when you report a problem with the ALICE Services and Systems.

If you contact us for any reason, we may keep a record of that correspondence.

Information We Collect About You

With regard to your access of our ALICE Services and Systems we may use cookies and other technologies to automatically collect the following information:

  • Technical information including your IP address, your login information, browser type and version, device identifier, location and time zone setting, browser plug-in types and versions, operating system and platform, page response times and download errors;
  • Information about your access (of the ALICE Services and Systems), including the websites you visit before and after accessing the ALICE Services and Systems and products you viewed and searched for; and
  • Length of visits to certain pages, page interaction information (such as scrolling, clicks and mouseovers) and methods used to browse away from the page.

Information We Receive From Other Sources

We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our website. We are also working closely with third parties (including for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and/or may in certain instances act as processor or sub-processor to third parties (such as the organisation you are employed by or contracted to) and may receive information about you from them. In such instances, the legal basis the processing of information about you is the business engagement between our respective organisations or consent provided by you to the third-party Controller to whom you provided information about yourself.

Cookies and Similar Technology

The ALICE Services and Systems uses cookies and similar technology. A cookie is a small file of letters and numbers that our ALICE Services and Systems places on your computer, or other equipment which you use to access our ALICE Services and Systems. These cookies allow us to distinguish you from other customers on the ALICE Services and Systems.

You can read more about cookies and how to recognise them at www.aboutcookies.org

Cookies perform many functions, such as allowing you to navigate between pages efficiently, remembering your preferences, and generally improving your experience. Cookies can further ensure that the advertising that you see online is more relevant to you and your interests.

In addition, our cookies may be session cookies (temporary cookies that identify and track users within our websites, applications or services which are deleted when you close your browser or leave your session in the application or service) or persistent cookies (cookies which enable our websites, applications or services to “remember” who you are and to remember your preferences within our websites, applications or services and which will stay on your computer or device after you close your browser or leave your session in the application or service).

Type of cookie What does it do?
Strictly necessary cookies

These cookies are essential in order to enable you to move around the ALICE Services and Systems and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, like purchases or e-payment, cannot be provided.

Performance cookies

These cookies collect information about how you use our ALICE Services and Systems, for instance which pages you go to most often, and if you receive error messages from certain web pages. These cookies do not collect information that identifies you. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the ALICE Services and Systems works. By using our ALICE Services and Systems, you agree that we can place these types of cookies on your device.

Functionality cookies

These cookies allow the ALICE Services and Systems to remember choices you make (such as your language of choice or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of the web pages that you can customise. The information these cookies collect may be anonymised and they cannot track your browsing activity on websites operated by third parties. By using our ALICE Services and Systems, you agree that we can place these types of cookies on your device.

Targeting or advertising cookies

These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of our advertising campaigns. They also remember when you have visited the website before. Sometimes we share anonymised information about your browsing activity with our advertising and creative partners. They may use this information to advertise products, which may interest you, on other websites or to assist us develop future advertising campaigns.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

How You Can Control Cookies

Users can set their browsers to accept or reject all, or certain, cookies. You can also typically choose to be alerted whenever a cookie is offered on most browsers. You can manage the cookies that you allow on your computer device through the internet browser that you use. Your browser's cookie settings are outside the control of ALICE, however typically your browser's 'help' function will tell you how to manage these settings. Unless you have adjusted your browser setting so that it will refuse cookies, the ALICE Services and Systems will issue cookies as described above when you access the ALICE Services and Systems.

On initial access of the ALICE Services and Systems you will have been given an opportunity to 'opt-in' to all non-essential cookies, and we will have recorded this as your consent to the use of cookies as described in this Privacy Notice . This consent is maintained in a cookie on your web browser and can be cleared like any other cookie. Declining this notice may result in reduced functionality for the website and a less enjoyable browsing experience. You may also not be able to access parts of the ALICE Services and Systems.

How Do We Use Your Personal Information?
We may use your personal information to: How do we use personal information for this purpose? What is the legal basis for BAS processing your information in this way?

Create and manage your account.

We will need to use your personal information (such as your e-mail address) to set up and manage your account (for example by sending you password reminders or notifications of changes in your account details).

Using your personal information in this way is necessary for us to perform our contractual obligations to you.

Provide you with services requested from us.

We will need to use your personal information where this is necessary for us to perform our obligations under a contract with you, for example sending alerts to you from the ALICE Services and Systems when a specific criteria has been met.

Using your personal information in this way is necessary for us to perform our contractual obligations to you.

Combine information we receive and collect (example, your browsing behaviour and purchase history) to understand your interests and preferences.

We may combine the information we receive and collect about you to better understand your interests and preferences, so that BAS can provide you with an experience that is tailored to those interests and preferences. For example we may combined your results to a vendor’s product and suggest a possible product match.

It is in our legitimate interests to personalise our services and advertising for you, to better meet your needs as a customer, and to ensure that we provide the best service possible to our customers, provided this is in line with your marketing choices. We will look at your preferences that we derive from your purchase history and the preferences you communicate to us so that we can achieve this provided this is in line with your marketing choice.

Comply with legal requirements and exercise or defend legal claims

We may need to process your personal information in order to comply with legal requirements to which we are subject (example tax and/or financial reporting requirements).

It is in our legitimate interests to process personal information for the purposes of exercising and defending legal claims. Processing personal information may also be necessary to ensure compliance with Bidvest Group's legal obligations.

Process your payments and protect against fraudulent transactions.

We may need to process your personal information in order to keep your payments safe and secure and protect against fraudulent transactions.

Using your personal information in this way is necessary for the performance of contractual obligations.

Process your personal information where this is necessary to keep the ALICE Services and Systems safe and secure.

We may need to process your personal information in order to keep the ALICE Services and Systems safe and secure and protect against illegal or fraudulent activity such as cyber attacks.

It is in our legitimate interests to monitor how the ALICE Services and Systems is used and to detect and prevent fraud, other crimes and the misuse of the ALICE Services and Systems. This helps to ensure that you can safely use the ALICE Services and Systems.

Keep an up to date suppression list where you have asked not to be contacted, so that we do not inadvertently re-contact you.

We understand that you may prefer for us not to contract you with details of our products, services or promotions. We keep a record of your preferences to ensure that we do not contact you if you have asked us not to. We may need to process certain of your personal information (such as your name and email address) in order to do this.

It is in our legitimate interests to process personal information in order to maintain an up to date suppression list and ensure that we do not contact you where you have asked us not to.

Provide you, or permit selected third parties to provide you with information about the goods and services (provided you have consented to this).

We will need to use your personal information (such as your e-mail address and phone number) to send you information about content that you may be interested in. Please note that we may also share your personal information with other entities within the Bidvest Group for this purpose.

We will ask for your consent before processing information in this way.

Notify you about changes to our service(s).

We will need to use your personal information (such as your e-mail address and phone number) to inform you about changes to our service(s).

Using your personal information in this way is necessary for us to perform our contractual obligations to you.

Respond to questions, comments or other communications.

We will need to use your personal information (such as your contact details) to assist you with enquiries and respond to your questions, comments or other communications.

Using your personal information in this way is necessary for us to perform our contractual obligations to you.

To confirm and verify your identity or to verify that you are an authorised customer for security purposes.

We will need to use your personal information to confirm and/or verify your customer details.

Using your personal information in this way is necessary for us to perform our contractual obligations to you.

Who May Use Your Personal Information?
Companies Within the Bidvest Group of Companies

We may share your personal information among companies within the group of companies BAS forms part of (the "Bidvest Group"), including its subsidiaries and holding companies, in order to enable you to access the BAS services, to provide you with customer support, process your payments, understand your preferences, send you information about products and services that may be of interest to you and conduct other activities described in the Privacy Notice . Such group companies may be located outside the European Economic Area ("EEA"), in which case the section "Where BAS stores your personal information" below will apply.

Our Service Providers

We use other companies, agents and contractors (Service Providers) to perform services on our behalf or to assist with the provision of the services to you. For example, we may engage Service Providers to provide marketing, advertising communications, infrastructure and IT services to personalise and optimise its service, to process credit transactions or other payment methods, to provide customer service, to collect debts, to analyse and enhance data (including data about users interactions with the BAS service) and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal information. However, these Service Providers are contractually bound only to use personal information to perform the services that we hire them to provide. We will always use our best efforts to ensure that all the Service Providers we work with will keep your personal information secure.

BAS Partners, Subject to Your Consent

BAS selected partner organisations may use your personal information, but only with your consent.

If you have opted in to receive offers from our selected partners by purchasing their products through our store or selecting the option to be contacted for more information, your personal information may be transmitted to the relevant partners so that they may send you their product or service offers by email and/or SMS. Please note that our partners are responsible for their own privacy practices.

Third Parties Permitted By Law

In certain circumstances, we may be required to disclose or share your personal information in order to comply with legal or regulatory obligation (for example we may be required to disclose personal information to the police, judicial or administrative authorities).

We may also disclose your personal information to third parties where disclosure is both legally permissible and necessary to enforce our Terms of Use or other agreements, protect or defend the rights, property or safety of the Bidvest Group or the public.

Third Parties Connected With Business Transfers

We may transfer your personal information to third parties in connection with a reorganisation, restructuring, merger, acquisition, sale or transfer of assets, provided that the receiving party agrees to treat your personal information in a manner consistent with this Privacy Notice .

Any personal information held by us and any third party will be treated as confidential. We will not sell your personal information to third parties.

Where BAS Stores Your Personal Information

As BAS operates internationally and has service providers situated in various locations, the personal information that BAS collects from you may be transferred to and stored outside of the Republic of South Africa and outside of the EEA. In such instances we will take all steps reasonably necessary to ensure that such recipients are subject to adequate level of data protection. It may also be processed by staff operating outside of the Republic of South Africa or the EEA who work for us or for one of our Service Providers. By providing BAS with your personal information you acknowledge and consent to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Notice and applicable data protection laws, including, where relevant, entering into EU standard contractual clauses (or equivalent measures) with the party outside the EEA receiving the personal information.

Security of Your Personal Information

Your personal information is collected via a secure web server. The communication between you and the web server is encrypted utilising Secure Socket Layer technology (SSL). In addition, we have security procedures in place to protect the storage of and prevent unauthorised access to your personal information. As a part of our security measures proof of your identity may be required before we disclose your personal information to you.

All supplied sensitive personal information for the processing of online payments including but not limited to your personal particulars, credit card or electronic fund transfer details are transmitted via Secure Socket Layer (SSL) technology and then encrypted into the database of Paygate payment provider. Such information will only be accessible by the authorised personnel of such payment provider with special access rights to such systems, and such individuals are required to keep the information confidential. After a transaction has been concluded on the ALICE Services and Systems, your information, such as credit card details and electronic fund transfer details will not be stored on Paygates’ servers.

We will take all steps necessary to ensure that your personal information us treated securely in accordance with this Privacy Notice . Where we have given you (or where you have chosen) a password which enables you to access certain parts of the ALICE Services and Systems, you are responsible for keeping that password confidential. We ask you not to share that password with anyone.

Third party websites and apps

Our ALICE Services and Systems may contain links to and from third party websites (such as social media platforms). Please note that if you follow a link to any of these websites, these websites will have their own terms of use and privacy policies and that we do not accept any responsibility of liability for these policies. Please check these policies before you submit any personal data to these websites.

How Long Does BAS Keep Your Personal Information?

Your personal information is stored by us and/or our Service Providers, strictly to the extent necessary for the performance of our obligations and strictly for the time necessary to achieve the purposes for which the information is collected, in accordance with applicable data protection laws. When we no longer need to use your information, we will remove it from our systems and records and/or take steps to properly anonymise it so that you can no longer be identified from it (unless we need to keep your information to comply with legal or regulatory obligations to which it is subject).

Your Rights

You have the right to request details of the personal information that we hold about you, to ask us to stop processing your information where you have previously consented to doing so, to have your personal information corrected or deleted and not to be contacted by us if you do not wish to be.

Your Right To Information BAS Hold About You

You can request access to the information we hold about you by contacting us or using the contact details set out below. Our file of your personal information will usually be made available to you within 30 business days, although occasionally we may not be able to give you access to the personal information we hold about you (for example, we may not be able to give you access if it would unreasonably affect someone else's privacy or if giving you access poses a serious threat to someone's life, health or safety). Please note that we may apply an administrative charge for providing access to your personal information in certain circumstances. Any such charge will be reasonable and BAS will advise you of the charge and obtain your consent before providing you with access to your personal information. Please note further that if you request a copy of your data using electronic means (such as e-mail), then we may provide a copy of your personal information in electronic form unless you have requested otherwise.

You Have A Right to Have Your Personal Information Corrected Or Deleted

If any of the information we hold about you is inaccurate or out of date and you have an account with us, you can sign into that account and update your personal information. If you have problems updating the personal information on your account or if you would like us to correct or delete information, please email your request to support@bidvestalice.com and we will consider your request as soon as possible.

Your Right To Object To Us Processing Your Personal Information

You have the right to object to the processing of your personal information, in the prescribed manner, on reasonable grounds, unless legislation provides for such processing and even where that processing is necessary for our legitimate interests (for example where the processing is necessary for the commercial objectives we pursue in the course of our business), including the profiling we undertake to send you personalised offer, product and recommendations and similar content.

You also have the right to ask us to stop processing your personal information for direct marketing purposes, including any profiling that we undertake for the purpose of direct marketing. We will in any case only send you marketing communications if you have previously agreed to this, but if you change your mind you can easily unsubscribe from our marketing communications at any time by following the instructions on the ALICE Services and Systems.

Please note that, if you have consented to receive offers from BAS partners, the BAS partners are responsible for taking into account your rights, including your right to opt-out of receiving offers from them. You may at any time opt-out of receiving offers from third parties by following the instructions on the ALICE Services and Systems. If you have previously opted in, your personal information will cease to be transmitted to BAS partners from the time that your request is processed.

Your Right to Have Your Personal Information Transmitted to Another Organisation

Where we hold personal information about you with your consent or for the performance of a contract with you, under certain circumstances, you may have the right to ask us to provide you with the personal information we hold about you in a structured, commonly used and machine readable format and, where technically feasible, to transmit that personal information to another organisation.

Making a Complaint

We would be happy to address any concerns you have directly and as a first port of call. Should you have a need to escalate your complaint, you have the right to lodge a complaint with the relevant local data protection authority in the EEA or the Republic of South Africa if you believe that we have not complied with the applicable data protection laws.

The local data protection authority will differ depending on the country you are in. If you are in South Africa, you have the right to lodge a complaint with the South Africa Information Regulator. The contact details for the Information Regulator are:

Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal address: P.O. Box 31533, Braamfontein, Johannesburg, 2017
Email address: complaints.IR@justice.gov.za

Contacting Us

If you should have any concerns or questions about how we treat your personal information, you wish to ask us to stop processing your personal information, or you would like to request a copy of the personal information we hold about you, please contact us at support@bidvestalice.com or by registered post to: Bidvest House, 18 Crescent Drive, Melrose Arch, Gauteng, 2196, South Africa.

The contact details of the BAS Information Officer are as follows:

  • L Berrington
  • Physical Address: Bidvest House, 18 Crescent Drive, Melrose Arch, 2196, South Africa
  • Postal Address: P O Box 87274, Houghton, 2014, South Africa
  • Internet Address: www.bidvestalice.com
  • Telephone Number: +27 (0) 11 772 8700
  • Facsimile Number: +27 (0) 11 772 8970
  • Email Address: alice@bidvestalice.com
Severability

If this Privacy Notice is regulated by the Consumer Protection Act 68 of 2008 (CPA) or the Electronic Communications and Transactions Act 25 of 2002 (ECTA) POPI or the GDPR, it is not intended that any provision of this Privacy Notice contravene any provision of the CPA, ECTA, POPI or the GDPR. Therefore all provisions of this Privacy Notice must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA, ECTA POPI and GDPR are complied with.

Changes to this Privacy Notice

We may update this Privacy Notice from time to time in response to changing legal, regulatory or operational requirements. We will notify you of any such changes (including when such changes will take effect). Your continued use of our service after any such updates take effect will constitute acceptance of those changes. If you do not accept any updates to this Privacy Notice , you should stop using all BAS services and ALICE Services and Systems.

Version 1.1 Last updated 12 January 2022

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Legal

This page (and the links displayed here) apply to the Bidvest ALICE platform, app, website and resources. Please refer to this page for the application's latest Terms of Use.

Team ALICE is eager to assist with your feedback, question or any inquiries. Please contact us at alice@bidvestalice.com.

End User Agreement
Terms of Use
Data Protection Notices
Privacy Notice
Access To Information
Forms
Form One - Objections
Form Two - Rectification
Form Three - Data Portability
Form Four - Erasure
Form Five - Withdrawal of Consent
Processing Notices
External Processing Notice
Internal Processing Notice
Visitor Processing Notice
Contact Details


The contact details of the BAS Information Officer are as follows:

  • L Berrington
  • Physical Address: Bidvest House, 18 Crescent Drive, Melrose Arch, 2196, South Africa
  • Postal Address: P O Box 87274, Houghton, 2014, South Africa
  • Internet Address: www.bidvestalice.com
  • Telephone Number: +27 (0) 11 772 8700
  • Facsimile Number: +27 (0) 11 772 8970
  • Email Address: alice@bidvestalice.com
About Us
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Contact Us
Melrose Arch
Johannesburg
South Africa
alice@bidvestalice.com
+27117728700

If you are in the United States of America (US), please feel free to contact our authorized sale representative in the US on the contact details below.

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Texas
USA
alice@janus-acs.com
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Copyright © 2022 Bidvest Advisory Services (Pty) Ltd. ‘ALICE’ and ‘ALICE ROBOT DEVICE’ are trade marks of
Bidvest Advisory Services (Pty) Ltd (and the company’s products and services are covered by patents in various countries).
US Patent Application No. 17/367,949 South African Patent Application No. 2019/06430 PCT International Application No. PCT/IB2020/057160

Contact Us

Team ALICE is eager to assist with your feedback, question or any inquiries. Please contact us at alice@bidvestalice.com.

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