ONTOUCH TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) govern the use of Ontouch systems, software, mobile applications, websites, and related services (“Services”).

By accessing or using Ontouch Services, you agree to these Terms.

1. About Ontouch

Ontouch provides digital business management and operational software solutions, including workforce management, attendance monitoring, site visits, route and patrol management, audits, incident reporting, asset management, GPS tracking, QR/NFC scanning, reporting, analytics, and related mobile and web-based systems.

2. Acceptance of Terms

By using Ontouch Services, you confirm that:

• You are authorised to use the Services
• You have authority to act on behalf of your organisation where applicable
• You will comply with applicable laws and regulations
• You accept these Terms and related policies

3. User Accounts and Access

Users are responsible for:

• Maintaining the confidentiality of login credentials
• All activity performed under their accounts
• Keeping account information accurate
• Preventing unauthorised access to their devices and accounts

Users are responsible for maintaining the security of their devices. Ontouch does not guarantee proper functionality on rooted, jailbroken, modified, or unsupported devices.

Ontouch reserves the right to suspend or terminate accounts where misuse, security risks, or violations occur.

4. Acceptable Use

Users may not:

• Use the Services unlawfully
• Attempt unauthorised access to systems or data
• Upload malicious or harmful software
• Interfere with system functionality or security
• Upload unlawful or infringing content
• Misuse tracking or monitoring functionality
• Reverse engineer or exploit Ontouch systems

5. Client Responsibilities

Clients are responsible for:

• Ensuring lawful use of the Services
• Informing employees or users of monitoring or tracking where legally required
• Obtaining any required permissions or consent
• Maintaining accurate operational data

5A. User Content

Users and clients are solely responsible for any content, comments, reports, images, documents, or other material uploaded or distributed through Ontouch Services.

Ontouch reserves the right to remove or restrict access to content believed to be unlawful, defamatory, infringing, harmful, misleading, or otherwise inappropriate.

6. GPS, Monitoring, and Operational Tracking

Certain Ontouch Services include GPS, QR code, NFC, barcode, attendance, and operational tracking functionality. These features are provided for operational and verification purposes.

7. Service Availability

Ontouch aims to provide reliable Services but does not guarantee uninterrupted or error-free operation. Users are responsible for any mobile data charges, roaming fees, internet costs, or third-party communication charges incurred while using the Services. Ontouch does not guarantee compatibility with all devices, operating systems, or future software versions. Users may be required to install updates in order to continue using certain Services or features.

8. Intellectual Property

All Ontouch software, systems, branding, content, code, designs, and related materials remain the property of Ontouch unless otherwise agreed in writing. Users may not copy, reproduce, modify, translate, create derivative works from, attempt to extract source code from, or otherwise exploit any part of the Services without prior written permission from Ontouch. No person may use Ontouch logos, branding, icons, trademarks, or related materials without prior written consent from Ontouch.

9. Fees and Payments

Where Services are provided on a paid basis:

• Fees are payable according to agreed terms
• Late payments may result in suspension of Services
• Pricing may change with reasonable notice
• Certain features may incur additional charges

10. Cookies, Google Analytics and Website Usage

Ontouch may make use of third-party providers including cloud hosting, storage, mapping, communication, and analytics services.

10A. Communication Services

Where clients use email, messaging, or notification functionality through Ontouch systems, clients remain solely responsible for the lawful use, security, management, and monitoring of such communication accounts and content.

Ontouch shall not be liable for misuse of communication functionality, unauthorised access, incorrect recipient delivery, or damages arising from client-managed communication systems.

11. Limitation of Liability

To the maximum extent permitted by law, Ontouch shall not be liable for:

• Indirect or consequential damages
• Loss of profits, revenue, or business opportunities
• Data loss
• Business interruption
• Connectivity or device failures
• Third-party service failures
• Misuse of the Services by users or clients

Ontouch relies on information provided by clients and authorised users. Ontouch does not guarantee the accuracy, completeness, or reliability of information supplied by clients or displayed through the Services.

Ontouch shall not be responsible for failures caused by device issues, battery failure, hardware malfunction, connectivity interruptions, or unsupported operating environments.

12. Indemnity

Users and clients agree to indemnify and hold Ontouch harmless against claims, losses, damages, liabilities, or expenses arising from misuse of the Services, violation of these Terms, breach of applicable laws, infringement of third-party rights, or unlawful data collection.

13. Suspension and Termination

Ontouch may suspend or terminate access where these Terms are violated, payment obligations are not met, security risks arise, or illegal activity is suspected. Ontouch reserves the right to discontinue, suspend, modify, or remove any part of the Services at its discretion, with or without notice.

14. Confidentiality

Both Ontouch and users agree to treat confidential business and operational information responsibly and not disclose such information without proper authority unless required by law.

15. Privacy

Use of personal information is governed by the Ontouch Privacy Policy.

16. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

17. Changes to Terms

Ontouch may update these Terms from time to time. Continued use of the Services after updates constitutes acceptance of the revised Terms.

18. Contact Information

Ontouch
Website: https://myontouch.com
Email: hello@myontouch.com

ONTOUCH PRIVACY POLICY

Ontouch is committed to protecting personal information and processing data responsibly in accordance with the Protection of Personal Information Act (“POPIA”) and applicable laws.

1. Information We Collect

Personal Information

• Names and surnames
• Email addresses
• Phone numbers
• Company information
• Employee or contractor information
• User account information

Operational Information

• GPS and location data
• Attendance records
• Route and patrol activity
• Site visit information
• Incident and audit records
• Uploaded images and documents
• QR, barcode, and NFC scan records

Technical Information

• Device information
• Browser information
• IP addresses
• Usage statistics
• Application logs and diagnostics

Log and Diagnostic Information

• Device identifiers
• Error reports
• Crash diagnostics
• Access timestamps
• Application usage statistics

2. How Information Is Collected

Information may be collected when:

• Users access Ontouch systems
• Mobile applications are used
• Tasks, audits, or incidents are submitted
• GPS or scanning functionality is used
• Images or files are uploaded
• Users communicate with Ontouch support
• Websites or systems are accessed

3. Purpose of Processing Information

• Providing and maintaining Services
• Operational management and reporting
• Attendance, Site Visit, and route verification
• Customer support
• Security and fraud prevention
• System monitoring and diagnostics
• Service improvement
• Legal and regulatory compliance

4. GPS and Location Information

Certain Ontouch Services use GPS and location information for attendance validation, patrol and route monitoring, site verification, task tracking, and Site Visit attendance.

During an active Site Visit, Ontouch may collect precise location data and Site Visit entry or exit location and time information, including while the app is in the background, closed, or not in use. This is used to confirm site attendance, detect when the user leaves the current work site, keep Site Visit times accurate, and help restore the correct Site Visit when the user returns. Background Site Visit location monitoring stops when the active Site Visit ends.

Location information may be associated with the authenticated user, the user's organisation, and the relevant work site. Location-related operational records may be available to authorised client administrators and may be processed by service providers supporting Ontouch operations as described in this Privacy Policy. Ontouch does not use Site Visit location information for advertising.

If a user does not grant background location permission, Ontouch can continue to provide functions that do not require background location, but automatic detection of Site Visit departures while the app is closed or not in use may be unavailable. Location information is retained in accordance with the data-retention provisions in section 8 of this Privacy Policy.

5. Images, Documents, and Uploads

Users may upload images, documents, PDFs, and related operational files into Ontouch systems. These files may be securely stored using cloud storage providers or secure servers.

6. Sharing of Information

Ontouch does not sell personal information.

Information may be shared only where necessary:

• With authorised client administrators
• With service providers supporting Ontouch operations
• Where required by law
• To protect systems, users, or legal rights

7. Data Security

Ontouch implements reasonable technical and organisational safeguards to protect information against unauthorised access, loss, theft, misuse, disclosure, or alteration. While Ontouch implements reasonable safeguards, no method of electronic storage or transmission over the internet can be guaranteed as completely secure or reliable.

8. Data Retention

Information is retained only for as long as reasonably necessary for operational, reporting, legal, security, audit, and client agreement purposes.

9. User Rights

Subject to applicable laws, users may request:

• Access to personal information
• Correction of inaccurate information
• Deletion where applicable
• Objection to certain processing activities

10. Cookies, Google Analytics and Website Usage

Ontouch websites, applications and web portals may use cookies and similar technologies to maintain sessions, analyse usage, monitor performance, improve functionality and enhance the user experience.

Ontouch may use Google Analytics to understand how visitors and authorised users interact with Ontouch websites, applications and web portals. Information processed for analytics purposes may include pages or modules visited, device and browser information, approximate location, referral information, usage activity, event activity and cookie or similar technology identifiers.

Where a user is signed into Ontouch, analytics information may also be linked to pseudonymous internal user and company identifiers so that Ontouch can understand how its services are being used by authorised users and client organisations. These analytics identifiers are designed not to contain the user's name, email address or company name.

Ontouch may record analytics events relating to use of the Services, such as signing in, opening reports, generating reports, using search functionality, exporting information and accessing particular modules or pages. Ontouch does not intentionally send the contents of reports, search terms, passwords, form entries, comments or other operational content to Google Analytics as analytics event data.

This information is used for analytics, performance monitoring, service improvement, troubleshooting, security, support and understanding how users interact with Ontouch Services.

Google may process analytics information on behalf of Ontouch in accordance with Google's applicable privacy and data-processing terms. Certain analytics information may be processed or stored outside South Africa in accordance with the cross-border processing provisions described in this Privacy Policy.

Google Analytics is not loaded until analytics has been accepted. Ontouch uses a necessary preference cookie to remember whether analytics has been accepted or rejected. This preference is normally retained for up to 12 months unless the user clears browser data or changes the preference.

Users may manage or block cookies through their browser settings and may use available browser tools or Google-provided mechanisms to limit Google Analytics tracking where applicable.

11. Cross-Border Storage and Processing

Certain information may be stored or processed on infrastructure located outside South Africa through trusted service providers.

12. Operator and Client Responsibilities

Ontouch acts as a software provider and operator in certain circumstances. Clients remain responsible for ensuring lawful collection and use of personal information within their organisations.

13. Third-Party Services

Ontouch systems may integrate with third-party services including cloud hosting, mapping, communication, analytics, diagnostics, and storage providers. These may include services such as Google Analytics, cloud infrastructure providers, email or communication providers, mapping services, and secure storage providers where required for the operation, monitoring, improvement, and support of Ontouch services.

14. Changes to This Policy

Ontouch may update this Privacy Policy from time to time. Updated versions may be published on Ontouch platforms or websites. Updated policies become effective once published on Ontouch platforms or websites unless otherwise stated.

15. Contact Information

Ontouch
Website: https://myontouch.com
Email: hello@myontouch.com

16. Acceptance of This Policy

By using Ontouch Services, users acknowledge that they have read and understood this Privacy Policy and consent to the processing of information as described herein.