Simply AIVA – User Terms
Simply AIVA offers functionality to Customers to manage access to Customers’ Sites through the “AIVA” technology and services. Users make use of the AIVA App to access Sites where they are residents (such as residential estates or office parks) and residents can also allow their visitors easy access to those Sites through the App. AIVA allows Users to create a profile which can be used at all Sites making use of the AIVA Service when the User accesses that Site, whether as a resident or as a visitor (on invitation from a Resident User).
If the Site that you are accessing makes use of the AIVA Service, you will be required by the Customer managing that Site to use the AIVA App to access the Site, and your information will therefore be shared with the Customer when you access the Site, as described in these User Terms.
The following terms are relevant for these User Terms, and have the meanings set out below:
Account means the account created by each User, which includes the User Details, enabling the User to use the App and Services and access Sites.
App means the mobile application called AIVA that Users and Guards use to access the Services.
CCTV means closed-circuit television, utilised by Simply AIVA and the Customer to monitor the Site and access by Users.
Customer means the body that manages a Site and contracts with Simply AIVA to make use of AIVA. Customers include body corporates and homeowners’ associations, building managers or rental management companies, and business operators, amongst others.
Guard means the security company and its employees that physically monitor the Sites under mandate of the Customer.
Resident User means a User that is a resident at a Site, such as a person that lives in a residential estate, a person that works in an office park, a shopping centre, or golf courses and clubs or other Site that makes use of AIVA.
Services mean the access and security features offered through the App to Users, allowing Users to create Accounts, access Sites, and invite Visitor Users to the Site.
Simply AIVA means Simply AIVA Proprietary Limited (Registration number 2018/622069/07), the provider of the App and Services.
Site refers to the location or building making use of AIVA to manage security and access. Sites include places such as residential estates, office parks, shopping centres, golf courses and clubs, amongst others.
User Details are the personal details of each User, required to create an Account and use the App, which include personal information, as further described below.
User means any person that accesses a Site with the AIVA App and includes Resident Users and Visitor Users. A User can be a Resident User at one Site and a Visitor User at another Site.
Visitor User means a User that is invited to a Site by a Resident User to access the Site for a limited time, such as a guest at a home, a client at an office park, staff at a home (such as house hold staff), members at golf courses and clubs, and service providers (such as courier and delivery drivers, repairers, etc.).
Application of these User Terms
The User Terms apply as soon as you accept them by creating an Account on the App, and will apply for as long as you are a User of the Services which includes the period until any disputes have been settled in the event of any disputes arising from your use of the Services. To use the Services, you must accept these User Terms.
We may amend these User Terms and our Services from time to time at our discretion. We will notify you of material changes to these User Terms and the Services via email or with a notice on the App. You may be required to accept new or amended User Terms to continue using the Services. If you don’t agree to any changes, you can stop using the Services. Continued use of the Services after this notice has been displayed will be deemed as your acceptance of the changes. Should any changes to the Services result in you having less functionality, we will notify you at least 30 calendar days before any such changes take place, unless prior notice is not reasonably possible in the circumstances.
Account and User Details
To access the Services, you must create an Account and provide certain User Details about yourself.
Due to the nature of the Services, the Services may be used by minors, who may be both Resident Users and Visitor Users. Where the User is a minor, the parent/guardian of the minor will need to consent to the minor User agreeing to these User Terms, creating an Account and submitting the User Details. You may only create an Account if you are 18 (eighteen) years or older or have had a parent or guardian give consent for you to use the App and/or Services. Simply AIVA accepts no responsibility for invalid consent being provided by the users of the App and/or Services.
In the event that a User is unable to access the App to create an Account due to the system being offline, the User may request the Guard at a Site to load the User’s User Details to the Service and create an Account for the User, provided that the User has the necessary permissions to access the Site. The User agrees that the use of the Services in that case will still be subject to these User Terms, and the User may be required to provide additional User Details and acknowledge these User Terms when using the App and the Services.
Users will need to provide the following User Details when creating an Account: name and surname, address (for Resident Users), identity or passport number, contact information, vehicle information (where accessing the Site with a vehicle), and photographs.
User Details will also include information generated about the User when using the Services, such as the Sites that are accessed, the Resident Users that Visitor Users are visiting, access times and dates, durations of visits, photographs taken and CCTV footage of access, and vehicle details that the User accessed the Site with.
As the Services are used to access Sites, applicable User Details will be shared by Simply AIVA with the Customer managing the Site that the User is accessing. User Details will only be shared with Customers when the User accesses the Site managed by the Customer and will not otherwise be available to Customers of Sites that have not been accessed by the User, i.e. each Customer will only receive User Details of Users of the particular Site. Customers will process User Details for their own purposes to manage their Sites, and in accordance with their own rules and privacy policies.
You must inform us immediately if there has been, or if you suspect, any breach of security or confidentiality of your Account, and update your Account access credentials.
The Customer that manages a Site has contracted with Simply AIVA to make use of its services to monitor and provide functionality to manage security and access to the Site. Access to any Site making use of Simply AIVA requires Users to create an Account with certain User Details, which informs the Customer who the User is, and what permissions that User has in respect of a Site, and grants access to the Site by the User based on those permissions.
The Services offered to Users include:
The manner in which Users access the Site (by facial recognition, access code or contacting the Resident User in the case of a Visitor User) is determined by the Customer and managed by the Guards at the Site on the Customer’s behalf.
In the event that the Services are unavailable or offline, the Guards will allow access to the Sites manually, based on details about Resident Users available to the Guards on a back-up system, prior permissions granted by Resident Users to Visitor Users, or by contacting the Resident User to confirm the Visitor User’s access.
The Services are not a substitution for taking your own security measures and precautions. Users will be responsible for ensuring that they use the Services appropriately and responsibly, and notifying the Customer, Guards or law enforcement about any security incidents or concerns. Simply AIVA will not be responsible or liable for any security incidents that occur at a Site.
Using the Services
As a Resident User, your basic contact details will be provided to Simply AIVA by the Customer that manages the Site that you are a Resident User at to enable Simply AIVA to invite you to the App on the instructions of the Customer. Once you create an Account as a Resident User, you will be able to invite Visitor Users to the App, who will also be required to create an Account.
To access a Site, a User must create an Account on the App (or the Guard will create an Account for the User as described above). Resident Users will be allowed to access the Site at which they are registered as a Resident User at their discretion, subject to any rules of the Customer and the Site. Visitor Users will only be able to access a Site based on the permissions granted by the Resident User, for example, once off access on a certain date and time, periodic access on specific dates and times, and access may be limited to specific durations.
Minor Users will not be able to invite Visitor Users to use the App. In those instances, the Resident User that is the parent/guardian of the minor User will need to invite the Visitor User to the App and grant the applicable permissions to the Visitor User to access the Site.
All Users will be subject to the conduct rules and codes of conduct applicable at the Site and enforced by the Customer.
A Customer may require Users accessing its Site to re-verify their User Details on the App from time to time. In order to continue using the Services, Users will need to comply with these requests from the Customer.
Not all electronic devices may support the use of the App or Services. It is your responsibility to keep your electronic device(s) updated and/or in a condition for them to support the use of the Services.
The use of the Services may be restricted to certain geographical areas. It is your responsibility to determine whether your location is supported by our Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Services not being supported in your location.
Monitoring and CCTV
Sites may be equipped with CCTV technology and other monitoring devices, at the discretion of the Customer. This monitoring footage and information may be processed by Simply AIVA as part of the services it provides to the Customer, and Users acknowledge Simply AIVA’s use of such information on the instructions of the Customer. Monitoring footage and information may be combined with information that Simply AIVA has or creates about a User’s access to a Site, and which may be provided to the Customer.
A Customer may also integrate their systems with third party service providers to monitor and detect suspicious or illegal activities, such as scanning vehicles and numberplates against suspicious numberplate databases.
Third party services
The App allows Users to connect their Account to third party services and apps, such as online shopping platforms and delivery services, to allow the drivers convenient access to the Site to make deliveries to Users. Resident Users may link their Account to these third party services at their discretion and allow the drivers to the Site as Visitor Users. The third party service provider will be responsible to ensure that drivers have Accounts in order to access the Resident User’s Site.
Simply AIVA does not provide the third party services or take responsibility for the performance by these third parties. If you access and use any third party services through the App, you do that solely at your own risk and subject to the terms of the third party service provider and any applicable rules of the Customer managing the Site.
Termination and retention of information
These User Terms will apply each time you access a Site, and for so long as the Customer manging a Site that you have accessed as a User continues to make use of Simply AIVA’s services.
Where you were registered as a Resident User at a Site and are no longer a Resident User at that Site, the Customer managing that Site may amend your permissions with regard to that Site or delete you from that Site’s database on the Customer’s system. Simply AIVA will also restrict User permissions on the App and in the Services on the instructions of the Customer. Any disputes in this regard will be between the Resident User and the Customer (including where the restrictions are in regards to a Visitor User, which will be a dispute between the Resident User who invited the Visitor User to the Site and the Customer).
Unless you request Simply AIVA to stop processing your User Details when you are no longer a Resident User at any Sites, your User Details will be retained by Simply AIVA, allowing you to easily use the App and Services to access other Sites as a Visitor User and/or Resident User as applicable. Where you are a Resident User at any Site, Simply AIVA will need to process your User Details to allow you to use the App and as required by the Customer in terms of our agreement with them. Any request by a Resident User for their User Details to be deleted and no longer processed by Simply AIVA will need to be confirmed by the Customer while that User is a Resident User.
Unless otherwise agreed, Simply AIVA will retain all User Details for a period of 5 years from the last time the User made use of the App or Services. The Customer will retain User Details according to its own policies, separate from Simply AIVA.
Marketing on the App
Simply AIVA may display marketing materials on the App at its discretion. Marketing materials are not targeted to the User, and will include marketing of Simply AIVA’s own products and services, or products and services related to the business of Simply AIVA.
On the Customer’s instruction, Simply AIVA may also display targeted marketing to the Users of a Customer’s Site. This marketing will be on the basis of the User’s relationship with the Customer and will not be targeted marketing by Simply AIVA.
All the intellectual property included in the Simply AIVA Services and App belongs to Simply AIVA or its licensors, and any use of the App or Services will not result in any User acquiring any rights to that intellectual property. While these User Terms apply, you will have a limited license to use the App and Services on the terms of these User Terms only.
Warranties and representations
Subject to applicable laws, we give no guarantee of any kind concerning the content or quality of our Services. We do not give any warranty (express or implied) or make any representation that our Services will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
We make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the App and/or Services and/or the information contained on the App. The App and Services are used at your own risk.
You warrant to and in favour of Simply AIVA that:
Each of the warranties given by you will:
Simply AIVA will not be liable for any loss arising from your use of the App or Services, or any reliance on the information presented on the App or in the Services or provided by Simply AIVA or its employees.
Simply AIVA will not be liable to you for any loss caused by using the App or Services or your liability to any third party arising from those subjects. This includes but is not limited to:
You hereby indemnify and hold us (including our shareholders, directors and employees) harmless against any claim by any person for any costs, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind), penalties, actions, judgements, suits, expenses, disbursements, fines or other amounts arising, whether directly or indirectly, from a breach of these User Terms by you.
In the event that you experience any technical issues or problems with the App or Services, you must contact Simply AIVA, the Customer or the Guards for assistance. Simply AIVA will address any problems related to the App or Services and may require input from a User and/or from a Customer or the Guards in resolving the query or problem.
Simply AIVA will provide notice on the App when there are technical issues, and will inform Users of alternative measures that may need to be taken in those instances.
Suspension of the App: we may temporarily suspend the App for any reason, including repairs or upgrades to the App or other systems. We will take reasonable efforts to notify you of any suspensions in advance.
Entire agreement: these User Terms are the whole agreement between us relating to the subject matter of these User Terms and they supersede any other discussions, agreements and/or understandings regarding the subject matter of these User Terms.
Law and jurisdiction: these User Terms and all obligations connected to them or arising from them will be governed and interpreted in terms of the laws of the Republic of South Africa. Each party submits to the jurisdiction of the South African courts.
No waiver: the failure of Simply AIVA to insist on or enforce strict performance by you of any provision of these User Terms, or to exercise any right under these User Terms, will not be a waiver or relinquishment of our right to enforce any such provision or right in any other instance.
No assignment: you may not cede or transfer rights or delegate your obligations in terms of these User Terms without Simply AIVA’s permission.
No representation: as allowed in law, Simply AIVA will not be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded in these User Terms, whether it induced the contract and/or whether it was negligent or not.
Severability: any provision in these User Terms which is or becomes illegal, invalid or unenforceable will be ineffective to the extent of such prohibition or unenforceability and will be deleted from these User Terms, without invalidating the remaining provisions of these User Terms.
Force majeure: Simply AIVA will not be liable if it cannot perform in terms of any agreed terms due to reasons beyond its control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).
Disclosure in terms of section 43 of Electronic Communications and Transactions Act, 25 of 2002.
The right to privacy and this privacy “Policy” is important to us. Simply AIVA Proprietary Limited (Registration number 2018/622069/07) (“AIVA“, “us” or “we“) is committed to taking steps to protect your privacy when we process your personal information. We therefore implement business practices that comply with the Protection of Personal Information Act 4 of 2013 (“POPIA“). This Policy applies to all processing of personal information.
Where we refer to “Personal Information” in this Policy, we mean personal information as defined in POPIA, being information that may be used to directly or indirectly identify you. Personal Information includes, for example, your name, address, identity number (or company registration number), contact details, photograph, vehicle information and location.
In this Policy, we explain how we will use and protect your Personal Information in compliance with POPIA. “You” means any natural or legal person whose Personal Information we process. We process Personal Information about our customers and end users making use of the AIVA platform and services.
If you are not a Customer, you will be an End User, and the End User “Terms of Service” will also be applicable to your relationship with us when you sign up to use the AIVA platform and services. As a Customer, the “Services Agreement” that we have entered into will govern our relationship. The terms of this Policy will prevail if there is any conflict between it and the Terms of Service or the Services Agreement. We may change the terms of this Policy and will always process Personal Information in accordance with the latest version and POPIA.
In terms of POPIA, AIVA processes information in two capacities: when we process Personal Information of our Customers and of End Users for the purposes of managing our relationship and offering our services (i.e. in terms of the Terms of Service or Services Agreement), we are the responsible party, and when we process Personal Information provided by our Customers for us to perform the services, we are the operator. When we act as an operator, we act on the instructions of our Customer who will be the responsible party in respect of the Personal Information that they have instructed us to process to render the services. We may also be a responsible party in respect of that Personal Information. We also process certain Personal Information as a responsible party when someone visits our website (even if they are not a Customer or End User).
Parts of this Policy will apply to you if you are a visitor to our website or a Customer or End User that we provide services to.
We collect Personal Information about you from the following sources:
We collect various categories of Personal Information depending on our relationship with you, and therefore, we might not collect all of the below categories of information from or about you.
We process adequate and relevant Personal Information for the following purposes and legal bases:
In addition to the above purposes, we may use your Personal Information for other purposes if the law allows for it, if you consent to it, or if it is in the public interest to do so. All purposes for the processing of your Personal Information will be legal in terms of POPIA.
We may process your Personal Information to contact you to provide you with information regarding our services, new features and products that may be of interest to you. Where we provide services to you (where you are a Customer / End User), we may send information to you regarding our services and other information that may be of interest to you, using the contact details that you have provided to us. We will only send you direct marketing communications where you have consented to us sending you direct marketing or otherwise in compliance with POPIA (where you are a Customer or End User).
You may unsubscribe from any direct marketing communications at any time by clicking on the unsubscribe link that we include in every direct marketing communication or by contacting us and requesting us to do so. After you unsubscribe, we will not send you any direct marketing communications, but we will continue to contact you when necessary in connection with providing you with the services or in connection with our business.
If as part of the service, we process Personal Information for our Customer relating to direct marketing for the Customer’s purposes, the Customer as the responsible party has the obligation to comply with all direct marketing requirements in terms of POPIA.
We will not sell your personal information or provide it to third parties for their marketing purposes.
We will keep your Personal Information confidential and only share it with others in terms of this Policy, if you consent to it, or if the law allows or requires from us to share it. We may disclose your Personal Information to:
If we engage third party processors to process your Personal Information, the processors will only be appointed in terms of a written agreement which will require the third party processors to only process Personal Information on our written instructions, use appropriate measures to ensure the confidentiality and security of your Personal Information and comply with any other requirements set out in the agreement and required by POPIA.
Due to the nature of the Services and our business operations, we may need to transfer Personal Information to and from different countries for our business purposes.
In accordance with POPIA, we may transfer your Personal Information to recipients in other countries. We will only transfer Personal Information to third parties in countries with adequate data protection laws or do so in terms of a written agreement with the recipient which imposes data protection requirements on that party as required by POPIA.
We have implemented appropriate technical and organisational security measures designed to protect Personal Information against accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing. These measures are in accordance with POPIA.
The internet is an open and often vulnerable system and the transfer of information via the internet is not completely secure. Although we will implement all reasonable measures to protect Personal Information, we cannot guarantee the security of your Personal Information transferred to us using the internet. Therefore, you acknowledge and agree that any transfer of Personal Information via the internet is at your own risk and you are responsible for ensuring that any Personal Information that you send is sent securely.
You have certain rights in relation to your Personal Information. As available and except as limited under POPIA, you have the following rights in respect of your Personal Information:
Note that where we process Personal Information as an operator for our Customers, these rights will be applied against the Customer. We will fully co-operate with our Customer on any request relating to these rights.
Where you have provided consent for us to process your Personal Information, you may also withdraw your consent where our processing is based on your consent. However, we may continue to process your Personal Information if another legal justification exists for the processing.
If you require your Personal Information to be erased or that processing is restricted or you object to the processing of your Personal Information, your access to the services may be affected as your Personal Information is required in order to use the services, and this may result in you not being able to use the services.
When you use our services, we automatically receive and record information on our server logs from your browser and device. This information may include, amongst others, browser type, language preference, referring site, and the date and time of each visitor request, your location, IP address, cookie information and Google Analytics information. This is statistical data about browsing actions and patterns. We may also obtain information about your general internet usage through a cookie file which is stored on the hard drive of your device. Cookies enable us to improve our website, platform and services, estimate our audience size and usage patterns, store information about your preferences and recognise when you return to our website or platform.
We may collect and store information about your location through cookies (other than when you share your location with us). We convert your IP address into a rough geo-location, and we may use location information to improve and personalise our platform and services for you.
Our website and platform may include links to other apps or third party websites which do not fall under our supervision. We cannot accept any responsibility for your privacy or the content of these third party sites, but we display these links in order to make it easier for you to find information about specific subjects. Your use of and reliance on these links is at your own risk.
You may, on reasonable grounds, object to us using your Personal Information for certain purposes. If you object, we will stop using your Personal Information, except if POPIA allows its use. To exercise this right or to discuss it with us, please contact us at firstname.lastname@example.org.
We only collect and use children’s Personal Information with the consent of a parent / guardian to provide our services. Where our Customer provides us with Personal Information of children, the Customer, as the responsible party, will have the obligation to obtain consent or ensure that the processing takes place on a justification ground allowed in terms of POPIA. Where we receive children’s Personal Information as the responsible party, we process that information on the basis that the child’s parent/guardian has consented and agreed to the child End User accepting the Terms of Service and providing their Personal Information to us.
Similarly, we will only collect or process special Personal Information with consent to provide the services or if allowed by POPIA or required by applicable laws.
Quality. Where we are the responsible party, we want to ensure that your Personal Information is accurate and up to date. You may ask us to correct or remove any Personal Information that you think is inaccurate, by sending us an email to email@example.com.
Access. You have the right to request us to provide you with Personal Information that we hold about you. You must contact us directly to do so and send an email to firstname.lastname@example.org. This request may be subject to an access to information request in terms of applicable laws, and may require you to verify your identity, identify the rights you are wishing to exercise and pay a fee. If our Customer is the responsible party for the information, any request will need to be addressed to our Customer.
The right to access your Personal Information may further be limited in terms of POPIA.
We take every reasonable step to ensure that your Personal Information is only processed for the minimum period necessary for the purposes set out in this Policy and in our Terms of Service and Services Agreement. Where an End User is no longer associated with a Customer (for example, a resident End User no longer lives at a Site), the Customer may remove that End User’s details from its systems and stop processing that End User’s Personal Information, but we will retain the End User’s per
We retain Personal Information as necessary for us to render the services, and in accordance with the required retention periods of our Customers, in terms of POPIA or for our legitimate business purposes. We will only retain your Personal Information for the purposes set out in this Policy, in our Terms of Service and Services Agreement or on the instruction of our Customers. We may keep Personal Information indefinitely in a de-identified format for statistical purposes, which may include for example statistics of how you use the services.
This Policy also applies when we retain your Personal Information. We may also retain your Personal Information for the duration of any period necessary to establish, exercise or defend any legal rights.
We will report any security breach to the applicable regulatory authority in terms of POPIA and to the individuals or companies whose Personal Information is involved in the breach. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, kindly notify us by sending an email to email@example.com.
If you want to raise any objection or have any queries about our privacy practices, you can contact our Information Officer at firstname.lastname@example.org.
You also have the right to formally lodge a complaint to the Information Regulator in terms of POPIA as follows:
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