Privacy Policy
General
This Privacy Statement applies to all registered users who use/visit the Shelfline App and/or website.
Your data is collected, processed and stored by us exclusively and according to all applicable legal requirements and standards.
You may use Shelfline at any time upon registering. When you visit the App, data is saved on our servers in an anonymous format, as is the website that you visit us from, the websites that you proceed to from our site, and your IP address. No personal data is collected from you during this process.
However, we do need some personal information from you should you wish to actively participate in Shelfline. We would therefore like to request that you agree to the collection and storage of some of your data. You can revoke your consent any time by cancelling your registration.
Once you have registered on the Shelfline App, you will be asked to request a user name together with a password, which will allow you to take advantage of all of the Shelfline services.
Data Collection
Personal data is the information needed to identify you, for example your name, address, date of birth, e-mail address and mobile phone number. With your consent, personal data is recorded and processed by Shelfline, in particular when you register with Shelfline.
It is important to note that NO PERSONAL DATA of a user will ever be shared with any third party or any other Shelfline user. For the avoidance of doubt, the definition of Personal Data is information that enables a third party to identify an individual based on that data. Such information could be name, address, telephone number, or any other single identifiable piece of data that may enable a third party to identify an individual. Be assured, all information that is personal in nature i.e. personal address, telephone number, email, name, age will never be shared with any third party. Any such information will only be used for the purpose of conducting and reporting feasibility and sustainability studies.
Use of the Data
Please note that we have the ability to retain any data that you provide on the App, even if you do not complete your registration by clicking submit/next. Such contact details and data may be used to contact you to assist you in completing your registration.
Personal data such as name, address, etc. is used to provide you with the Shelfline services. We ask for your e-mail address so that we can stay in contact with you by e-mail. We also use your personal data to communicate with you in regard to marketing retentions and to process other transactions. Similarly, we use your data in order to inform you of marketing promotions or to enable third parties authorized by us to perform technical, logistical, or other services. All data is stored securely on our servers.
Forwarding Personal Data to Third Parties
Your personal information may be passed on to third parties only if this is necessary to process a payment transaction or a business transaction with any of our partners. Essentially these are respectable businesses that strictly comply with applicable data protection and privacy laws. Shelfline will not release any personal information or forward this to third parties insofar as you have not given your express consent to do so, or unless we are required to do so by law. Such information will only be used by Shelfline for the purpose of conducting and reporting feasibility and sustainability studies.
In other situations, personal data will be passed on only to the extent that we are required to do so by law. For example, personal data is passed on to the law enforcement and regulatory authority.
Viewing/Changing Personal Data
You can view the information in your Shelfline account at any time and update it as necessary using your Shelfline user name and your Shelfline password.
Once we are informed, we will adjust incorrect data accordingly.
We will notify you upon request at any time in regard to the nature and extent of personal data stored by us in regard to your account and profile.
Revoking Consent/Deleting Your Account
You can delete or deactivate your Shelfline account at any time. When you delete your account, your personal data is removed from our database unless we are required to save the data. As a rule, it takes two to three business days until your information is completely removed from all records.
The Use of Cookies
Shelfline uses so-called “cookies”, which are files that are stored on your computer that can be retrieved to assist in customizing your experience with the online service. The information saved supports the functionality of the site, for example by keeping track of your visual preferences or controlling the frequency of “pop-up” windows. These cookies are deleted after one month. You are free to prevent cookies from being saved on your hard drive by adjusting the corresponding settings in your browser. However, we would like to point out that turning off these settings may result in limited functionality.
Security Measures
The information in your Shelfline account and in your Shelfline profile is password protected, so that only you have access to this personal information. Please note that you are not permitted to provide your password to anyone else. Shelfline will never ask for your password in e-mails that you receive unexpectedly or that you did not request. Please remember to log out of your account and to close your internet browser window when you leave the Shelfline App; this is especially important if you use a device in public locations. At present, this is the safest way to ensure that no one has access to your personal information. We assume no liability for the abuse of login data and passwords.
Protection from Web Crawlers or Spam
Shelfline assures you that we will use your e-mail address with your express consent only for the purposes stated in the Terms of Service. We will not sell your e-mail address to third parties, and we will prevent your e-mail address from being recorded by “web crawlers” or “web spiders” to the best of our ability. If you believe that your e-mail address has been recorded in this way, please let us know immediately.
Application Programming Interface Terms of Use
These Application Programming Interface Terms of Use (“Terms of Use”) govern your access and use of the APIs provided by Shelfline South Africa (Pty) Ltd. , its subsidiaries and affiliates (collectively, “shelfline”). The guides, materials, references, software and other applications or services provided by shelfline in association with the access and use of the shelfline APIs, together with the shelfline APIs themselves, are collectively referred to as a suite of “shelfline API Services”.
By accessing or using the shelfline API Services you confirm your agreement to be bound by these Terms of Use as well as shelfline’s Community Guidelines. The shelfline APIs may also be subject to any other agreements you have with shelfline, including those related to your use of business-specific APIs (“Supplemental Agreements”). Additionally, if you use the shelfline APIs as an interface to, or in conjunction with, other shelfline products and services, then the terms of those products and services (“shelfline Product Terms”) also apply to you and your end users. If there is a conflict between these Terms of Use and the terms of a Supplemental Agreement governing your use of a shelfline API or shelfline Product Terms governing your use of shelfline’s products and services, those terms will control with respect to that conflict.
Collectively, we refer to these Terms of Use, the Community Guidelines, any additional applicable terms (including terms in any Supplemental Agreements and any shelfline Product Terms) and any other applicable policies and guidelines as the “Terms.”
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SHELFLINE.
II. Access to APIs
A. General.
You may not use the shelfline API Services if you are not of legal age to form a binding contract with shelfline, you determine that you are unable to comply with these Terms of Use or you are prohibited by applicable law from accessing or using the shelfline API Services.
B. Entity Access.
If you are accessing shelfline API Services on behalf of a company, entity, or organization (collectively “entity”), then you represent and warrant that you: (a) are an authorized representative of that entity with the authority to bind such entity to the Terms; (b) have read and understand the Terms; and (c) agree to these Terms of Use on behalf of such entity. All references to “you” in these Terms of Use shall also refer to that entity.
C. Registration & Credentials.
To access the shelfline API Services, you may be required to register. After an approved registration, you will be issued certain credentials, which may be required to access the shelfline APIs. You may not make credentials available to others including by embedding them in open source projects and only you may access the shelfline API Services with the credentials provided to you. You will not misrepresent or mask your identity or your credentials when accessing or using the shelfline API Services.
D. Access Revocation.
We reserve the right to revoke your access to the shelfline API Services without prior notice if we determine your use violates the Terms or is otherwise objectionable as determined in shelfline’s sole discretion.
III. Use of APIs
A. Your End Users.
If you offer your application for use by others outside of your entity, you must maintain a user agreement and a legally compliant privacy policy for your application that is prominently identified or located where users download or access your application. You must immediately notify us in writing of any breach of your user agreement or privacy policy that impacts, or may impact, customers or users of shelfline’s products or services.
B. Compliance.
Access, implementation and use of the shelfline API Services must be in compliance with all applicable law, regulation, third party rights (including, without limitation, laws regarding the import or export of data or software, privacy, and local laws) as well as shelfline’s instructions. You will only use the shelfline API Services in connection with legally permissible activities and as described in the Terms.
Promptly upon request, you will be required to certify certain aspects of your compliance with these Terms, including without limitation, your compliance with the above paragraph, and your security and data use practices, including the details of any privacy or security incidents potentially involving data of Shelfline users. We will provide the form of certification which must be signed by an authorized officer of your entity.
C. API Limitations.
Shelfline sets and enforces limitations on the use of shelfline APIs. You will not circumvent, or attempt to circumvent, such limitations as they apply to each shelfline API or as otherwise set forth in the Terms, except as approved in writing by shelfline. Shelfline may limit the number or nature of network calls that you or your application may make. shelfline may change such usage limits at any time with or without notice and may use any means to enforce its usage limitations or prevent overuse of the shelfline APIs.
D. Open Source.
To facilitate your Shelfline API integration, shelfline may make certain Software Development Kit(s) (“SDK(s)”) and/or libraries available to you under a separate open source license. You agree that any shelfline API integration facilitated with such open source SDK(s) and/or libraries remains subject to the Terms.
E. API Monitoring; Audit; Review.
We have the right to inspect, monitor, and audit any records or activity related to your use of shelfline API Services to, among other things, improve the shelfline API Services, identify security issues, or ensure compliance with the Terms. You will cooperate with audit requests by providing shelfline access to relevant knowledgeable personnel, physical premises, documentation, infrastructure, and application software.
We reserve the sole right to determine whether or not your use of the shelfline API Services is acceptable including the manner in which the shelfline APIs are integrated into Your Products (defined below). shelfline may collect and use usage data and information related to your use of the shelfline API Services.
You agree to reimburse us for the costs and expenses of any audit that reveals a material breach of these Terms of Use related to your use of the shelfline API Services. You agree to promptly address and correct all deficiencies identified in any such audit.
shelfline’s review, testing, or approval of your products or services does not constitute any representation or acknowledgement by shelfline that Your Products and/or any content therein comply with the Terms, any laws, rules, or regulations, nor does it constitute any acceptance by shelfline of any responsibility or liability in connection such products or services, or any content therein.
F. Revocation.
If you do not comply with the Terms or fail to timely evidence such compliance or if we believe that you have attempted to exceed, circumvent, or failed to comply with any of the prohibited uses or the additional requirements or limitations described in the Terms, your ability to use the shelfline API Services may be temporarily or permanently blocked or revoked.
G. Certain Prohibited Uses.
Unless permitted by applicable law or any Supplemental Agreement(s) between you and shelfline, you will not, and will not direct, encourage, or assist any other party to: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise provide or make available to any other party the shelfline API Services; (b) modify or make derivative works based upon the shelfline API Services; (c) improperly use the shelfline API
Services, including (1) creating Internet “links” to any part of the shelfline API Services, “framing” or “mirroring” any part of the shelfline API Services on any other websites or systems, or “scraping” or otherwise improperly obtaining data from the shelfline APIs, (2) transmitting any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data; (d) reverse engineer, decompile or disassemble the shelfline API Services; (e) send spam or otherwise duplicative or unsolicited messages with the shelfline APIs; or (f) use the shelfline APIs to (1) display any offensive content or any content for which you do not have the right to share with shelfline or to display or (2) distribute unsolicited advertising or promotions, or (3) engage in fraudulent or unauthorized activity including phishing, pharming, spidering, harvesting or other similar activities.
In addition, you shall not, and shall not direct, encourage, or assist any other party to, access or use the shelfline API Services to: (a) design or develop a competitive or substantially similar product or service; (b) copy or extract any features or functionality thereof; (c) launch or cause to be launched on or in connection with the shelfline API Services a malicious automated program or script, including web spiders, crawlers, robots, indexers, bots, viruses or worms, or any program intended to overburden or hinder the operation and/or performance of the shelfline API Services; (d) attempt to gain unauthorized access to the shelfline API Services or its related systems or networks; (e) include any underlying Shelfline platform or product with competitors in any aggregated view i.e. webpage, app, software, etc.; (f) aggregate shelfline’s data with competitors’ data; or (g) parse or scrape any of shelfline’s data; in each case other than as explicitly permitted by shelfline in writing. You will not share with a third party (or enable a third party to use) any operational, technical or other data obtained through the use of the shelfline API Services in any manner that is competitive to shelfline, including, without limitation, in connection with any application, website or other product or service that also includes, features, endorses, or otherwise supports in any way a third party that provides services competitive to shelfline’s products and services.
IV. Ownership; License
A. Ownership.
shelfline owns all right, title and interest, including, without limitation, all intellectual property rights and other rights, in and to its software applications (including but not limited to the shelfline API Services), any intellectual property rights used in connection with the software applications, and other proprietary technology, including any data structures therein, accompanying documentation, and any updates or revisions to the foregoing. All rights not specifically conveyed are retained by shelfline.
You agree that you will not use shelfline’s trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“shelfline’s Marks”) without express, written permission from shelfline. This prohibition on using shelfline’s Marks includes, but is not limited to, use in domain names, on websites or social media accounts, or as the names or titles of software applications or software features or functions.
B. Licenses.
Subject to your compliance with the Terms, shelfline hereby grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and use the shelfline API Services for sole purposes of developing, testing, using, and maintaining an integration of your application with the shelfline API Services, and to refer to shelfline for the sole purpose of identifying shelfline as the source of the shelfline API Services.
shelfline may produce and distribute incidental depictions, including screenshots, video, or other content from your API client, and may use your company or product name, trademarks, and trade dress in the course of shelfline’s worldwide promotion, marketing, or demonstration of the shelfline API Services you are using; you hereby grant shelfline a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such incidental depictions, company names, product names, trademarks, and trade dress for the aforementioned purposes without further notice to or consent from you.
Subject to the rights granted to shelfline and limitations herein, you reserve and retain sole and exclusive ownership of all right, title, and interest in, to, and under (a) your extensions and applications, and (b) all modifications, corrections, repairs, translations, enhancements, and other derivative works and improvements of your extensions and applications, including all intellectual property rights arising therefrom or relating thereto (collectively, (a) and (b) are “Your Products”), to the extent Your Products do not infringe any of shelfline’s intellectual property rights. You are solely responsible for all costs incurred by you in the creation and maintenance of Your Products.
V. Content
You are solely responsible for selecting all content made available through and contained in Your Products and for ensuring that such content complies with the Terms and any other requirements applicable to such content. You are fully responsible for any information you provide to shelfline via the shelfline APIs.
The shelfline API Services may contain content owned by a third party. This content is the sole responsibility of the third party that makes it available. Additionally, content accessible through shelfline APIs and shelfline products may be subject to the intellectual property rights of third parties. User- generated content obtained by shelfline will be governed by shelfline’s user generated content policy.
VI. Feedback; Attribution A. Feedback.
If you provide feedback or suggestions about shelfline API Services, such information may be used for any purpose without obligation to you. Any feedback or suggestions provided by you will be governed by shelfline’s Feedback Policy.
B. Attribution.
Except for and subject to the license granted in Section IV. B. of this agreement and except where otherwise expressly stated, neither party grants the other party any right, title, or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Brand Attributes”). You shall not make any statement regarding your use of the shelfline API Services which disparages shelfline or its business partners.
The documentation for the shelfline API you use may include guidelines for providing attribution to shelfline. You agree to provide any attribution in accordance with the guidelines and as further described in our Design Guidelines, which may be updated from time to time. You can use these resources but you must not make any changes or modifications to them.
VII. Privacy
A. shelfline Data.
Except for third party content described herein, “shelfline Data” includes all data received from shelfline through a shelfline API. Where such data includes non-public content relating to a user, such content must not be exposed to other users or to third parties without proper consent from that user.
B. Personal Information.
If your use of the shelfline API Services or access to shelfline Data requires or will likely result in the provision of personal information directly to shelfline, you agree to adequately inform and obtain all necessary consents and authorizations from the applicable users to provide such personal information to shelfline and retain written records of such consents. shelfline will treat personal information obtained from you through your use of shelfline APIs in accordance with the applicable privacy and data protection laws and its posted privacy notice.
C. Confidentiality.
You may be given access to information that is confidential to shelfline (“Shelfline Confidential Information”), which may include your credentials as well as any materials, communications or other information that is marked confidential or that would reasonably be considered confidential under the circumstances. You agree to use shelfline Confidential Information only for the purpose of using the shelfline API Services in accordance with the Terms, and, unless compelled by a court of applicable jurisdiction (and you gave shelfline written notice and a reasonable chance to defend its interests prior to
such court compelled disclosure), you agree to not disclose any shelfline Confidential Information to any third party without shelfline’s prior written consent.
shelfline Confidential Information does not include information that you independently developed, that was rightfully given to you by a third party without any confidentiality obligation, or that becomes public through no fault of your own or any party under your control.
D. Security.
You agree to implement and maintain appropriate technical, physical, and organizational measures to protect shelfline Data and shelfline Confidential Information against unauthorized or unlawful processing and against unauthorized loss, destruction, damage, alteration, or disclosure in the same manner that you would protect your own confidential and proprietary information but in no event using less than a reasonable degree of care.
VIII. Term; Termination and Survival
A. Term; Termination.
These Terms of Use will apply for as long as you access and use the shelfline API Services. You may terminate these Terms of Use at any time by giving us notice and ceasing to access and use the Shelfline API Services. shelfline may terminate these Terms of Use at any time, including if it determines that you have violated or attempted to violate the Terms. These Terms of Use will terminate automatically in the event the shelfline APIs you use are no longer made available to you, if your Supplemental Agreement with shelfline is terminated or expires, or if any representations you make herein are deemed or found to be untrue.
Upon termination of these Terms of Use, you will immediately stop using the shelfline APIs, cease all use of the shelfline intellectual property and delete any cached or stored content and any shelfline Data (including any shelfline Confidential Information). shelfline reserves the right to contact your end users to notify them of the termination of your right to use the shelfline APIs and the shelfline API Services.
B. Survival.
The provisions set forth in these Terms of Use that, by their nature, should survive termination or expiration of these Terms of Use, will survive any expiration or termination of these Terms of Use.
IX. Relationship of Parties
The relationship of the parties is that of independent contractors. These Terms of Use do not create a partnership, joint venture, franchisee or other similar relationship. Neither party will make a public statement that suggests partnership with or sponsorship or endorsement by the other party without such party’s prior written approval.
The parties’ obligations under these Terms of Use are non-exclusive. Unless otherwise agreed upon separately in writing, neither party is precluded from marketing, licensing, positioning, providing and distributing its own products and services through other alliances, programs or partners. Nothing in these Terms of Use prohibits or restricts either party’s right to develop, make, use, market, license, position, provide and distribute products or services similar to or competitive with those of the other party as long as it does not breach, or attempt to breach, these Terms of Use.
X. Representations; Indemnification; Disclaimer; Limitation of Liability
A. Representations.
You hereby represent and warrant that you have all authority necessary to bind yourself (including your entity) to these Terms of Use and that you are not prohibited from accessing or using the shelfline API Services in the country in which you reside. If, at any time, you do not have authority, are legally prohibited, or do not agree to these Terms of Use, then these Terms of Use are automatically terminated, and you must discontinue all access and use of the shelfline API Services immediately.
You further represent and warrant that (a) you have the right to distribute, or otherwise make available Your Products to your end users, (b) such products comply with all applicable local, state, federal and international laws and regulations as well as applicable terms of service and privacy notices and (c) Your Products do not and will not infringe the rights of any third party.
B. Indemnification.
You agree to indemnify and hold shelfline and its officers, directors, employees, and agents harmless from and against any and all claims, demands, losses, liabilities, and expenses (including legal fees), arising out of or in connection with: (a) your use of the shelfline API Services or information obtained through your use of the shelfline API Services; (b) your breach or violation of the Terms or (c) your violation of the rights of any third party, including with respect to any third party content.
C. Disclaimer.
THE SHELFLINE API SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SHELFLINE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF USE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, SHELFLINE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SHELFLINE API SERVICES OR ANY INFORMATION REQUESTED OR OBTAINED THROUGH THE USE OF THE SHELFLINE API SERVICES, OR THAT SUCH SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SHELFLINE API SERVICES, AND ANY INFORMATION REQUESTED OR OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
D. Limitations.
WHERE PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHELFLINE OR ANY OF ITS SERVICE PROVIDERS, SUPPLIERS OR REPRESENTATIVES (INCLUDING OFFICERS OR DIRECTORS) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (A) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT, OR LOSS OF DATA OR DIMINUTION IN VALUE, OR (B) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE SHELFLINE API SERVICES, REGARDLESS OF WHETHER YOU OR SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SHELFLINE’S AGGREGATE LIABILITY UNDER THESE TERMS OF USE WILL NOT EXCEED ONE THUSAND RAND (R1000).
XI. Support and Maintenance
shelfline may provide documentation, functional and technical design documents, and other documents that may be relevant or useful in using shelfline API Services. shelfline has no obligation to provide any maintenance, support, or training for set-up or use of any shelfline API Services.
XII. Modifications
shelfline in its sole discretion may modify, update or discontinue the shelfline API Services. shelfline may also impose additional limits on certain features and services or restrict your access to parts or all of the shelfline API Services without prior notice or liability. While we can provide no guarantee, we will try to ensure that future versions of the shelfline APIs are backwards compatible to the immediately preceding version.
shelfline may amend these Terms of Use from time to time. Amendments will be effective upon shelfline’s posting of such updated Terms of Use at this location or in the amended policies or documentation related to the shelfline APIs. Your continued access or use of the shelfline API Services after such posting confirms your consent to be bound by these Terms of Use, as amended.
XIII. Miscellaneous
These Terms of Use are governed by the laws of the Republic of South Africa, without regard to conflicts of law principles, and all claims arising out of or relating to these Terms of Use will be brought exclusively in the courts of the Republic of South Africa, and you consent to jurisdiction in those courts. These Terms of Use were drafted in English and the English-language version shall control in the event of a conflict with any translated version. You may not assign any of the rights or obligations under these Terms of Use, by operation of law or otherwise, without the prior written consent of shelfline. Any attempted assignment in violation of this paragraph is void. shelfline may exercise its rights herein in its sole discretion and without prior notice. The Terms constitute the entire agreement among the parties with respect to the subject matter and supersede and merge all prior proposals, understandings and contemporaneous communications. Any delay by shelfline in enforcing any of its rights under these Terms of Use, including with regard to your non-compliance, shall not constitute a waiver of shelfline’s rights to future enforcement of its rights under these Terms of Use. If any provision of these Terms of Use are determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be restated and enforced to the maximum extent permissible and the remaining provisions of these Terms of Use will remain in full force and effect
Privacy Statement
When there are changes to this Privacy Statement, we will indicate this on the Shelfline App.