Our Terms Of Service
This Website and any related websites ("the Website") and the services available through the Website are operated by Kandoo ("Corporation," Company," "we," "our," and "us"). These Terms of Service constitute a legal agreement between you ("you," "your," "the user," and "the customer") and Kandoo. The Website allows you to participate in surveys and questionnaires designed to provide insight into your character strengths (the "Services").
Modification of these Terms of Service: Kandoo may update or change the terms, conditions, and notices for the Website services from time to time to reflect changes in the services, changes in the law, or for other reasons as deemed necessary by Kandoo, in its sole discretion. Your continued access to or use of the Website after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Website shall be subject to these Terms of Service, as modified from time to time.
Reliance on Information Posted: The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
User Account Responsibility: If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your new account and your password. You are responsible for all activities that occur under your account, and you agree to notify Kandoo immediately of any unauthorised use of your account. Kandoo is not responsible for any loss that you may incur as a result of any unauthorised person using your account or your password.
Third Party Sites: The Website may contain links to websites controlled or operated by persons and companies other than Kandoo ("Linked Sites"). The Linked Sites are not under the control of Kandoo, and Kandoo is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Kandoo is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Kandoo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Kandoo of the site or any association with its operators. You are responsible for viewing and abiding by the privacy policies and Terms of Service posted on the Linked Sites. You are solely responsible for any dealings with third parties who support Kandoo or are identified in the Website, including the delivery of and payment for goods and services.
Prohibited Uses: You agree that you will not:
- Use the Website for any purpose that is unlawful or contrary to these Terms of Service;
- Use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of them;
- Attempt to gain unauthorised access to any Website account, computer systems or networks associated with Kandoo or the Website;
- Obtain or attempt to obtain any materials or information through the Website by any means not intentionally made available or provided for by Kandoo;
- Use any robot, spider, or other automatic devices, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
Content Available on the Website: The Website and all content offered through it, including, but not limited to, text, third party applications, photos, graphics, the Kandoo Character Strengths Survey, reports of character strength, and everything else you see, hear and use through the Website (the "Content") are intended to provide information only and are solely for your personal and non-commercial use. You may not sublicense, transfer, or otherwise make available any of the Content to any third party for commercial purposes. You may not modify the Kandoo Survey Materials without first obtaining written permission from the Kandoo.
Intellectual Property Notices: The Content and Website are protected by copyrights, or are subject to other proprietary rights. This means that anyone using the Website is not permitted to use the Content in any manner, except as expressly permitted by Kandoo in this Terms of Service Agreement, or similar agreements of others who have licensed their content to Kandoo, as expressly permitted by those other parties' respective Terms of Service or similar agreements. Also, any of the names and logos (which are commonly referred to as "trademarks") that appear on the Website are owned by Kandoo or others who have licensed their use to Kandoo. The trademarks may not be used in any manner without the prior permission of the owners. You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on the use of any and all of the Content and trademarks that you see, hear, and use on the Website. You understand that any unauthorised use of the trademarks or Content would result in irreparable injury to Kandoo for which money damages would be inadequate and in such event Kandoo will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorised use. You further agree to hold Kandoo harmless and to indemnify Kandoo for any and all direct or indirect damages that do arise as a result of your violation of any applicable policy. Kandoo may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Website, including pages that are part of the Website. Except as expressly provided in these Terms of Service, the provision of Kandoo's services and the furnishing of such pages to you do not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.
Warranty Disclaimer: Kandoo makes no representations or warranties about the suitability, reliability, availability, timeliness, and accuracy of the information, services, and related graphics contained on or obtained through the Website for any purpose. All such information, services, and related graphics are provided "as is" without warranty of any kind. Kandoo and/or its respective partners hereby disclaim all warranties and conditions with regard to this information, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Limitation of Liability: In no event will Kandoo be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages arising from, relating to, or in any way connected the Website, including, but not limited to, the Kandoo Survey Materials, even if Kandoo is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Kandoo's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the greater of: (a) the amount paid, if any, by you to Kandoo during the preceding twelve (12) month period preceding your claim; or (b) ten dollars ($10). Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Third-Party Applications Disclaimer: You acknowledge that your access and use of any third-party applications or software on the Website as part of Kandoo's services and Content (the "Third Party Applications") is at your discretion and risk, and Kandoo has no liability to you arising out of or in connection with your use of the Third Party Applications. Kandoo hereby disclaims any representation, warranty, or guaranty regarding the Third Party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third Party Applications, and you agree to indemnify and hold Kandoo harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with the use or performance of the Third Party Applications.
Customer Support: Kandoo may provide information about how to use the Website. If you have any questions about the Website or any problems that you would like to report, please contact us at firstname.lastname@example.org.
Termination and Restriction of Access: In its sole discretion, Kandoo may terminate or suspend your access to the Website for breach of these Terms of Service or inactivity, or for any reason it deems appropriate. Any cancellation or termination by you or Kandoo shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The Website may be discontinued at any time without notice or refund, except for services paid for and not yet rendered by Kandoo. Kandoo shall not be liable for any losses or damages arising from any such termination of service.
Governing Law & Jurisdiction: These Terms of Service are governed by the laws of the Western Cape Province, South Africa. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Stellenbosch, Western Cape Province, South Africa in all disputes arising out of or relating to the use of the Website.
Arbitration: At its sole discretion, Kandoo may require you to submit any disputes arising from the use of these Terms of Service or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of The Arbitration Foundation of Southern Africa NPC, applying South African law. By using the Website, you hereby consent to the submission of any dispute to final and binding arbitration.
Limitation on Time to File Claims: Any cause of action or claim you may have to arise out of or relating to these Terms of Service or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Refund Policy: If you are not satisfied with your Kandoo Report, email us at email@example.com or call at +27 79 898 0227 within sixty (60) days of purchase for a refund.
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LAST UPDATED: 4 August 2020
In compiling this Policy, we have taken steps to ensure we have incorporated the standards and principles outlined in data collection and privacy frameworks, including the European Union's General Data Protection Regulation ("GDPR"). This Policy describes:
- The types of information we may collect from you or that you may provide when you visit the Website https://kandoo.co.za/ (the "Website") as well as any websites and blogs directly owned by Kandoo ("our websites")
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, then please do not use our websites. By using our websites, you agree to the terms of this Policy. This Policy may change from time to time (see below, "Changes to this Policy"). Your continued use of our websites after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
Your responses to questionnaires on the Website are entirely voluntary and will be used, anonymously, in ongoing research by Kandoo, the creators of the questionnaires, and other researchers with Kandoo's permission. By visiting the Website and completing the questionnaires, you are accepting and consenting to the practices described in this Policy.
What We Collect and How We Collect It
To ensure that we provide you with the best possible experience, we will store, use, and share information about you in accordance with this Policy. For example, when you request information, subscribe to our emails, complete a survey, or register yourself with the Website, we will ask you to provide Personal Information to complete these transactions.
You are not required to give us your real email address or name, but providing your real email address and name will help us assist you with your account. If we receive a request for information about your account, the response will be sent to the registered address, not the one making the request, unless we can verify that the registered address is an invalid or defective address and that the person making the request is the person who created the account.
Some of the questions presented in our surveys and questionnaires will ask for potentially sensitive information relating to your political opinions, or religious, spiritual, and philosophical beliefs. By answering these questions, you consent to the processing of that personal data for the purpose of providing results about your character strengths.
You are not required to provide us with any of this data, but if you choose to submit the registration form or any of the questionnaires, you must answer all of the questions to receive your scores.
Automatic Information Collection
In addition to the information that you provide us through registration, questionnaires, or elsewhere, we may also collect information about you during your visit to our Website or while you engage with one of our marketing campaigns. We collect this information using automated tools that are detailed below. These tools may collect information about your behaviour and your computer system: information like your internet address (IP address), the pages you have viewed, the type of browser you used, and the actions you have taken while on our websites. This helps us understand usage of the Website and allows us to produce aggregate statistics on usage.
We may also use these tools in connection with our email marketing campaigns to allow us to understand what links you click on and what content is of interest to you. Kandoo may also collect information from commercial sources to enrich and verify the information that you have provided or that we have collected about you. This information will help us to ensure that we have accurate records, and will provide us with the ability to keep your information up to date. In some cases, we may use this commercial information to determine something about you. For example, we may use your IP address to calculate your approximate geographic location. Some of the tools we use to automatically collect information about you, include:
- Embedded Web Links. Links provided in our emails and in some cases on third party websites may include tracking embedded in the link. The tracking is accomplished through a redirection system. The redirection system allows Kandoo to understand how the link is being used.
- Web Beacons. A Web Beacon is an electronic image. Web Beacons can track certain things from your computer and can report activity back to a web server, allowing us to understand some of your behavior. If you choose to receive emails from Kandoo, we may use Web Beacons to track your reaction to our emails. We may also use them to track if you click on the links and at what time and date you do so. Some of our marketing partners may use Web Beacons to track your interaction with online advertising banners.
- Do Not Track Disclosure. We do not track website visitors over time and across third party websites to provide targeted advertising. Therefore, our Website does not operate any differently when it receives Do Not Track (DNT) signals. The information we collect automatically is statistical data and does not include personal data.
How We Use Your Information
The information we gather and you provide is collected and used to complete the services you have requested. We may also use this information to improve our service to you and your experience when engaging with our websites and our services.
During registration, we ask you to create an account with an email address and password. This is for your benefit. This enables you to stop and restart the survey at any time by signing out and using your email address to sign back into your account to resume the survey. You will also be able to sign in to your account using your email address at any time to view your survey results.
After completing a questionnaire we ask additional, optional questions, such as your name and gender to help customise your results, as well as country, how much formal education you have received, and your occupation. We use this information to tell you how your scores on the questionnaires compare to others who are like you in age, gender, geographic location, education, and occupation. We also ask for information on your household income, date of birth and ethnicity to compute statistics for our research on how these factors affect happiness and strengths. All of the questions at the end of the survey are completely optional.
Provided you have consented, we may also use your email address and name to send you email messages with information on how to utilise your strengths and links to resources.
We collect your responses to the questionnaires on this site and store these, along with your scores, on our database server. We will never report your individual responses or scores to others, except as described below. We will include your scores and responses in reports, publications, lectures, and websites only in summaries of groups of site users. We will not include your responses in the comparisons we provide on this site until there are at least 50 surveys from people in the same category (a geographic area, age range, occupational group, etc.).
We may also use your information for the following purposes:
- Prevent malicious activity and provide you with a secure experience;
- Provide service and support for your use of the Website;
- Provide marketing communications that are effective and optimised for you;
- Keep you up-to-date with the latest benefits available from Kandoo;
- Avoid sending you something that will not be of interest;
- Define what content you might be interested in;
- Personalise your Website experience;
- Measure the performance of marketing programs;
- Learn about your behaviour and try to improve what we do for your benefit;
- Contact you about services that are relevant to you; and
- Display testimonials, reviews, or recommendations on our websites with the express consent of the owner of that statement.
Although we use your name and email address to inform you about future products and services, you can always unsubscribe from receiving any marketing emails via the unsubscribe option in any such marketing email you receive from us.
How We Share Your Information
Kandoo does not sell or lease your information to any third party. We may disclose your Personal Information to our partners in accordance with this Policy. We may share your information depending upon your use of our services.
- General Users Completing a Kandoo Survey. Many website visitors participate in our questionnaires to learn more about his or her character strengths. After completing the survey and entering optional Personal Information, you will go to your results. You may receive a notification allowing you to opt-in to a research study. If you have not opted-in to participate in a study but have completed the survey on the Website at some point, we may share de-identified results without your name or email address to a Researcher, as defined below, who has contacted us to get a sample of data with specific guidelines that you fit (for example, you are between the ages of 21 and 40 and are within the United States). If you register and complete a survey using a consultant's unique professional link, your information (name, email address and survey results/responses) will be shared with that professional. Your registration through the professional link will serve as permission to do so.
- Researchers. Researchers are users who wish to use Kandoo's surveys and questionnaires in their own research studies. To the extent that you provide us with data and results pertaining to your own research studies, we will not share any of that information with anyone without your explicit consent.
- Research Participant. If you choose to take a survey as part of a research study, then you will take it through a unique Researcher Site link that is given to you by the Researcher. Alternatively, you may take the survey through the Website and enter a research code that was given to you by the Researcher. As a Research Participant, you will take the survey, and you will be asked to give your consent to have your information and your survey responses and results shared with the Researcher. Upon providing your consent, Kandoo will provide the Researcher with all of the information that you entered when registering and taking the survey. This may include your name, email address, gender, date of birth, and any optional demographic information that you choose to enter.
Your Choices and Selecting Your Privacy Preferences
Kandoo wants to provide you with relevant information that you have requested.
If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed to the service. This assumes that any transactional or service-oriented messages are excluded from your preference, as they are not intended to be for the purposes of marketing communications, and rather to fulfil a service you have requested.
Email newsletters and marketing emails will not be sent to you unless you consent to receive such marketing information. After you request to receive these emails, you may opt-out of them at any time by selecting the "unsubscribe" link at the bottom of each email. Please note that by opting-out or unsubscribing you may affect other services which you have requested we provide to you where email communication is a requirement of the service provided.
The communication that you receive from Kandoo will be in accordance with your preferences and this Policy. Some of the communications you receive could include automatic information collection tools.
Access to and Accuracy of Your Information
Kandoo strives to maintain and process your information accurately. We have processes in place to maintain all of your information in accordance with relevant frameworks and take steps to monitor its accuracy. We employ technologies designed to help us maintain information accuracy on input and processing.
Where we enable you access to your Personal Information, we will always ask you for a username and password to help protect your privacy and security. We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it.
To view and change the Personal Information that you have directly provided to Kandoo you can return to the webpage where you originally submitted your information and follow the instructions on that webpage or contact us directly for assistance. In some cases, depending upon the type of questionnaire or research study you have participated in, we may be unable to change the Personal Information you provided due to the research study having concluded. In these cases, we will make every effort to inform the facilitator of the study of your desire to change Personal Information you provided.
Children's Information and Privacy
Kandoo does not market its services to children under the age of thirteen (13). We do market the survey and reports to teachers and parents who could use it with children under the age of thirteen. No one under the age of thirteen may create an account on the Website. For Website visitors in the European Union, no one under the age of sixteen may create an account on the Website. We include one questionnaire that is suitable for children between the ages of ten (10) and seventeen (17). It assesses a child's character strengths and provides the results in a rank order list. Those who are under the age of thirteen may only complete the assessment under the account of a parent, guardian, or other adult authorised by a parent or guardian. For Website visitors in the European Union, those who are under the age of sixteen (16) may only complete the assessment under the account of a parent, guardian, or other adult authorised by a parent or guardian. We present sample questions before beginning the survey to help parents decide if it is appropriate for their child.
After you log on, we ask you to enter a first and last screen name for the child, month and year of birth, and gender. The screen name given for the child is used only to properly distinguish the different children's scores on your account. You do not have to use the child's real name. We do not ask for the child's address, geographic location, email address, or other information that could be used to identify or locate a child, except through you.
For Website Visitors in the European Union ("EU")
Under the GDPR, our visitors in the EU are provided additional rights concerning their Personal Information, or "personal data" as defined under the GDPR. For the purposes of this Policy and any personal data processed for Website visitors or individuals in the EU, Kandoo operates as a data controller unless otherwise determined by agreement or law. Any personal data we collect from you is processed in the United States and under the terms of this Policy, and in the legitimate interest of our business and providing our services to you as the lawful means for such processing. You may always withdraw your consent to our use of your personal data, as described below. We will only retain your personal data for the time necessary to provide you with the information and marketing services to which you have consented, and in accordance with your rights below and in this Policy.
You can exercise any of the following rights by notifying us as described below:
- Access: You may email us at firstname.lastname@example.org to request a copy of the personal data our Website currently contains.
- Correction or Rectification: You can correct what personal data our Website currently contains by signing in to your account and clicking the Account Settings tab or emailing us at email@example.com to request that we correct or rectify any personal data that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
- Restrict Processing: When applicable, you may restrict the processing of your personal data by submitting a request via email to firstname.lastname@example.org. In your email, please explain how you wish Kandoo to restrict processing of your personal data. When such restrictions are not possible, Kandoo will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data.
- Object to Processing: When applicable, you have the right to object to the processing of your personal data by submitting a request via email to email@example.com. When such objections are not possible, Kandoo will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data.
- Portability: Upon request and when possible, Kandoo can provide you with copies of your personal data. You may submit a request via email to firstname.lastname@example.org. When such a request cannot be honoured, Kandoo will advise you accordingly. You can then choose to exercise any other rights under this Policy, to include withdrawing your consent. Where applicable, Kandoo will ensure such changes are shared with any trusted third parties.
- Withdraw Consent: At any time, you may withdraw your consent to Kandoo's processing of your personal data through this Website by notifying us via email at email@example.com. Using the same email address associated with your Website account, simply type the words "WITHDRAW CONSENT" in the subject line of your email. Upon receipt of such a withdrawal of consent, Kandoo will confirm receipt and proceed to stop processing your personal data. Where applicable, Kandoo will ensure such changes are shared with trusted third parties.
- Erasure: If you should wish to cease use of our Website and have your personal data deleted from our Website, then you may submit a request by emailing us at firstname.lastname@example.org. Upon receipt of such a request for erasure, Kandoo will confirm receipt and will confirm once your personal data has been deleted.
- Submit Complaints or Questions: If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below. If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country.
Safeguarding the Data We Collect
We take reasonable technical, administrative, and physical precautions to keep both your Personal Information and non-Personal Information secure against accidental loss and from unauthorised access, use, alteration, and disclosure. You may utilise a username and password to enjoy our websites. It is your responsibility to keep confidential your username and password.
Learn how we address personal information shared for contests and sweepstakes by emailing email@example.com.
Changes to this Policy
How to Contact Us
We value your opinions and welcome your feedback. To contact us about this Policy or your Personal Information, please contact us at firstname.lastname@example.org.