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Welcome to Dotcom (“us”, “we”, or “our”) operates the Dotcom website (hereinafter referred to as “Service”).
We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy.
It applies to the use of:
- the website itself; and
- its content, including the text, images and other substantive information on the website.
You agree to be legally bound by the terms by visiting and using the website. You may not use the website and must immediately stop doing so if you do not agree to the terms.
- Definitions and Interpretation
- DEFINITIONS In the agreement:
terms means the terms, consisting of:
- WE, US or OUR means our organisation, the owner of the website and includes our officers, agents, employees, owners, co-branders, subsidiaries and affiliates where the terms limit or exclude our liability; and
- YOU or YOUR means any visitor to or other person who accesses or uses the website, including any other person, website, business, or agent (including any virtual or robotic agent) associated with the visitor.
- AGREEMENT means the terms are the entire agreement between the parties on the subject.
- BREACH If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you, and take any other steps the law allows, without affecting our rights.
- COOKIES are small files stored on your device (computer or mobile device).
- DATA PROCESSORS (OR SERVICE PROVIDERS) mean any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.
- DATA SUBJECT is any living individual who is the subject of Personal Data.
- DEADLINE means the latest time or date by which something should be completed.
- OWNERSHIPExcept as provided to the contrary in the agreement, all rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property or will vest in us or a third-party licensor. All moral rights are reserved.
- PARTIES refers to a person or people forming one side in an agreement or dispute.
- PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
- PROJECT means an individual or collaborative enterprise that is carefully planned to achieve a particular aim.
- PROPOSAL means a plan or suggestion, especially a formal or written one, put forward for consideration by others.
- PROPRIETARY NOTICES You may not remove any copyright, trademark or other proprietary notices from the content.RESTRICTIONS Except as expressly permitted under the agreement, the website and its content may not be:
- modified or used to make derivative works;
- rented, leased, loaned, sold or assigned;
- reverse engineered or copied; or
- reproduced or distributed.SCHEDULE means a plan for carrying out a process or procedure, giving lists of intended events and times.
- SERVICE means the dotcomsecurity.co.za website operated by Dotcom.
- STAKEHOLDERS refers to a person, group or organisation with a vested interest, or stake, in the decision-making and activities of a business, organisation or project.
- THE CLIENT refers to a person or organisation using the services or other professional person or company.
- THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
- THIRD-PARTY refers to a person or group besides the two primarily involved in a situation.
- TRADEMARKS Our logo and sub-logos, marks, trade names, and images of them are our trademarks and no person may use them without our permission, subject to the following:
- important assets – our trademarks are important assets to us and represent a high standard of quality and brand recognition that we have spent substantial resources developing;
- important assets – our trademarks are important assets to us and represent a high standard of quality and brand recognition that we have spent substantial resources developing;
- non-editorial use prohibited – we prohibit the use of our trademarks for non-editorial purposes, unless we have given you prior written consent; and
- authorised users – only third parties wishing to use our trademarks for editorial purposes or third parties who have our prior written consent to use them for non-editorial purposes are allowed to use our trademarks as authorised users.
- OTHER TRADEMARKS Any other trademark or trade name that may appear in the website’s content is the property of its respective owner.
- USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).
- Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
- Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”).
Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through a mobile device (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When you access Service with a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customise our Service.
You can enable or disable location services when you use our Service at any time by way of your device settings.
Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
- Session cookies: We use Session Cookies to operate our Service.
- Preference Cookies: We use Preference Cookies to remember your preferences and various settings.
- Security cookies: We use Security Cookies for security purposes.
- Advertising cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.
- Use of Data
Dotcom uses the collected data for various purposes:
- to provide and maintain our Service;
- to notify you about changes to our Service;
- to allow you to participate in interactive features of our Service when you choose to do so;
- to provide customer support;
- to gather analysis or valuable information so that we can improve our Service;
- to monitor the usage of our Service;
- to detect, prevent and address technical issues;
- to fulfil any other purpose for which you provide it;
- to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
- to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;
- to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;
- in any other way we may describe when you provide the information;
- for any other purpose with your consent.
- Retention of Data
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
- Transfer of Data
Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
- Disclosure of Data
We may disclose personal information that we collect, or you provide:
- Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.
- Business Transaction. If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.
- Other cases. We may disclose your information also:
- to our subsidiaries and affiliates;
- to contractors, service providers, and other third parties we use to support our business;
- to fulfil the purpose for which you provide it;
- for the purpose of including your company’s logo on our website;
- for any other purpose disclosed by us when you provide the information;
- with your consent in any other cases;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.
- Security of Data
The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
- Your Data Protection Rights under General Data Protection Regulation (GDPR)
If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by General Data Protection Regulation (GDPR).
– See more at https://eur-lex.europa.eu/eli/reg/2016/679/oj
We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at firstname.lastname@example.org.
In certain circumstances, you have the following data protection rights:
- the right to access, update or to delete the information we have on you;
- the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;
- the right to object. You have the right to object to our processing of your Personal Data;
- the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;
- the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;
Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
- Service Providers
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may also use third-party Service Providers to monitor and analyse the use of our Service.
- Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google’s policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
- Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
- Children’s Privacy
Our Services are not intended for use by children under the age of 18 (eighteen) years old (“Children”). We do not knowingly collect personally identifiable information from Children under18 (eighteen) years of age.
If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.
Terms and Conditions
Should the information provided by The Client to Dotcom Security Software be sensitive in nature, we will undertake a Non-Disclosure Agreement (NDA) with The Client for the duration of the project up until the public launch of any given campaign.
Should The Client cancel the project at any time the Agreement will remain in place unless The Client has failed to meet its payment obligations in terms of the payment schedule laid out in the project costing segment of this proposal.
The legal costs incurred to draw up this Agreement by Dotcom Security Software’s lawyer are not included. The Client is free to draw up an Agreement at their own cost if they wish.
Upon acceptance of this proposal, a final schedule will be negotiated with The Client according to their needs and agreed upon between all stakeholders.
Dotcom Security Software will not be held responsible for delays in the project caused by The Client not giving necessary feedback in a timeous manner or not giving the necessary content and/or information in time.
- Cancellation and Refunds
If the project is cancelled within 7 (seven) working days of the acceptance, the deposit will be refunded minus the cost for time spent on work undertaken including bank charges incurred and any intellectual work will remain the property Dotcom Security Software until paid in full.
Should the project be cancelled after 7 (seven) working days of accepting the proposal, the deposit or any progress payments made will not be refunded. Any work will remain the intellectual property of Dotcom Security Software until paid for in full.
A ‘cancellation fee’ at a minimum value of 15% of the total item value will be charged should the quote be cancelled post acceptance.
- Travel Excursions
Any travelling and/or accommodation expenses incurred for this project falls outside the scope of this project and will be separately agreed upon and billed between the Parties.
All architecture, designs, copywriting, development, ideas, and names will remain the intellectual property of Dotcom Security Software until paid for in full. Upon completion of the project and receipt of final payment, the intellectual property of the items as mentioned above will be transferred to The Client.
- The Client will only be given access to any source code as well as data stored on our servers upon receipt of the final payment received.
- Dotcom Security Software retains the rights to charge for time spent should The Client request artwork in a format it was not originally designed in.
- Dotcom Security Software retains the right to advertise its involvement and post the creative work on its portfolio online and in print.
- Upon receipt of the final payment, The Client will be given intellectual property ownership.
On Project Sign-off and Go-Live, Dotcom Security Software provides a 30 (thirty) day warranty on all work delivered for possible bug fixes that may be required. The warranty excludes any changes and new requests after the Go-Live date.
- Satisfaction Guarantee
We strive to provide The Client with a high-quality design service that they are fully satisfied with. Hence, we offer a satisfaction guarantee on the concept development phase of certain items.
- It is assumed that from the outset The Client (as specified) will be the final decision-maker and that all feedback will come through him/her. The Client acknowledges that adding more decision-makers may well cause additional feedback and design options needed to be given which may well increase costs.
- The Client accepts responsibility for the accuracy of information supplied during the planning and analysis phase, should the information provided not be added or new information be added after design work has begun, this may result in additional charges for analysis feedback.
- Any feedback that contradicts the initial scope of because of incorrect instruction being given on those documents, falls outside this guarantee may result in additional charges for design feedback.
- Feedback must be given in a period if 7 (seven) working days from analysis specification being provided.
- Should the above points not be complied with The Client, the following may be applicable: