Terms & Conditions

End-user Licence Agreement

All rights reserved – ITSI and Associated Publishers

Definitions

In this Agreement, unless inconsistent with, or otherwise indicated by the context,

• “User” refers to the school, the educators as well as the students that will use the e-books on the ITSI Solution.
• “ Purchaser ” refers to the school that has a contractual agreement with ITSI.
• “ ITSI ” refers to ITSI Holdings (Pty) Ltd as well as the associated publishers with whom ITSI has signed an agreement to act as distributor/aggregator of their e-books.

Use of E-books

Please read this licence agreement carefully before using the e-books available on ITSI’s Solution. The use of these e-books constitutes an agreement to the terms and conditions set forth in this Licence Agreement by the user. The work is protected under copyright by ITSI; to grant the user of the e-books a non-exclusive, non-transferable licence to download and use the e-books under the following terms and conditions:

• You may download an individual e-book bound to a single username. Each username will be required to purchase their own copy of the e-book.
• You may annotate the text contained in any e-book through the miEbooks application. This includes notes, summaries and highlights as well as pushed resources from the educators.
• You may not modify, alter, revise or otherwise change any e-books.
• You shall not create derivative works from or of any e-book as per the applicable copyright laws.
• You shall not use any robot, spider, data miner, crawler, scraper or other automated means to access or index the e-books or any portion thereof, including but not limited to any metadata associated with the e-books.
• You shall not bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the e-books.
• You shall not move, copy, reproduce, network or otherwise transfer any e-book file to any computer or other device of any other person; provided, however, that you may transfer e-book files to your own computers or other devices to the extent permissible by the applicable file-reading program (which, as noted below, is the miEbooks application).
• You shall not share, lend, lease, rent, sell, licence, sublicence, transfer, network, reproduce, display, distribute, or otherwise make any of the e-books available to any other person.

Licence

The e-books available, including its content, images and associated resources on the ITSI Solution, are licenced to the user by ITSI, associated publishers and authors. The licences granted herein are limited to the Author’s intellectual property rights and does not include any other patents or intellectual property rights. You own the media to which you have downloaded or copied the e-books, but the Publisher and Author retains all rights, title, and interest in and to the e-books, including all copyrights and ownership rights. The e-books and any copies that this licence authorises you to make, are subject to all the terms and conditions contained in this licence agreement.If you downloaded the e-books from a site or using a device that requires you to accept any other user agreement, you are bound by both this licence and any site- or device-specific agreement. In case of a conflict between this licence and any site-specific agreement, the more restrictive terms will apply. If your download site or device applies any form of Digital Rights Management to the e-books, you may not remove or disable that Digital Rights Management.

Copyright

The e-books are the property of the Publisher and is protected by the Copyright Act 98 of 1978 of the Republic of South Africa and worldwide by various copyright and intellectual property laws and treaties. You do not acquire ownership rights to any of the e-books through the use of this product. You agree to abide by any and all additional copyright notices, information, or restrictions associated with this product, including but not limited to Creative Commons and online licensing agreements. By accessing and/or using the e-books in any way, you acknowledge the validity and enforceability of the Publisher and Author’s copyrights and agree that you will not in any way infringe, either directly or indirectly, the Publisher and the Author’s copyrights in and to the e-books.

Permitted Uses and Restrictions

This licence allows you to download and use an e-book bound to a single username. Each new username will require a unique purchase of the e-book.

Limited Permission to Reproduce the E-books

No part of the e-books may be reproduced in any form, except that extracts of the text, tables, charts, maps, and images may be reproduced in papers or presentations of a personal nature (e.g. student papers, presentations given by you personally), provided that all of the following conditions are met (percentages are percentages of the content area as printed or displayed):

• The distribution of the report or presentation is limited to members of classes you personally attend or audiences you personally address.
• Extracts are used to support or illustrate your own writing or other content, and do not exceed twenty percent (20%) of the document, publication, or any web page in which they appear.
• Extracts do not misrepresent the meaning of the e-books from which they are extracted.
• Extracts do not exceed fifteen percent (15%) of the content of any section of e-books as listed in the Table of Contents.
• All content shall be referenced in terms of its origin, copyright owner, author and date of production.

Software

The e-books are provided in an encrypted electronic publishing format, namely MPUB/MPDF) and must be viewed with a special file-reading program, namely the miEbooks application. The miEbooks application is available on Android, Apple iOS and Windows platforms, as downloads from the Internet. Minimum device specifications and platform versions are applicable.

Limited Warranty

ITSI warrants only that the downloaded file will be readable on the platform(s) stated on the download site, using the miEbooks application current at the time of download. It is not warranted that all recommended software packages will support all features of the e-books, and is known that reader software for some platforms intentionally do not support some navigational features.ITSI does not guarantee that the information in this publication is error-free, or warrants that it will meet the user’s requirements or that the operation of the publication will be uninterrupted or error-free. This publication is provided “as is” without warranty of any kind, either expressed or implied or statutory, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the results and performance of this publication is assumed by the user.

Limitation of Liability

In no event will ITSI be liable for any damages, including, without limitation, incidental and consequential damages and damages for lost data or profits arising out of the use or inability to use the publication. The entire liability of ITSI shall be limited to the amount actually paid by the user for the e-book or e-book licence agreement.

Controlling Law and Severability

This licence shall be governed by the laws of the Republic of South Africa. If, for any reason, a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this licence shall continue in full force and effect.

Refunds

For Direct Purchases, non-defective e-books are purchased by the user on a non-refundable basis. If there is a defect in the e-book file that prevents the user from reading the e-book as intended, ITSI will first attempt to replace the defective e-book with one in proper working order. In the event that ITSI cannot replace the defective e-book in a reasonable timeframe, ITSI may issue a refund. ITSI reserves the right to modify or withdraw at any time any e-book from access by the user at the request of the associated publishers or for any other reason.

Other terms incorporated

The following additional ITSI terms, policies and agreements are expressly incorporated herein and form a binding agreement as if produced fully herein:

• ITSI Terms and Conditions
• ITSI Privacy Policy
• ITSI Solution Agreement

miEbooks – Privacy Policy

Below we describe how ITSI (Pty) Ltd. (“ ITSI”) and its subsidiaries collect, use and handle your information when you use the miEbooks application, the ITSI Educator Console, the ITSI Admin Portal or the ITSI Store (” Services“).

What do we collect and why do we collect it?

We collect and use the following information to provide, improve and protect our Services:

Account: We collect, information like your name, surname, and account activity, and associate this with your account via your username.

Services: ITSI aims to provide you with an effortless and enhanced teaching and learning experience. To make that possible, we store, process, and transmit data such as files, annotation, actions and information related to it. This related information is typically data such as your user account information that makes it easier provide a personalised learning experience.

Usage: We collect information related to how you use the Services, including actions you take in your miEbooks app (like paging through e-books, opening resources and making annotations). This helps us provide analytics and insights to improve the service we offer to you.

How do we share the collected data?

We may share information as discussed below, but we will not sell it to advertisers or other third parties.

Law & Order: We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of ITSI or our users; or (d) protect ITSI’s property rights.

ITSI adheres to the following principles when responding to government data requests for our users data:

• User Protection,
• Transparency,
• Fight blanket requests.

ITSI staff:  Limited ITSI staff may have the ability to access and control your ITSI account. This type of access is typically granted when a problem occurred on your account and ITSI needs to investigate.

Other users: Our Services display information like username, app version and platform to other ITSI users in your institution.

No personal data will be shared with any other third party without your permission.

How does ITSI protect your data?

Security: We are continuously working on features to keep your information and data safe. This includes but is not limited to vulnerability tests, file encryption, password and key rotation.

Retention: We’ll retain information you store on our Services for as long as we need it to provide you a Service. If you delete your account, we’ll also archive this information in a safe location for a 12-month period where after it will be deleted. In the event that you want to use our services again within the 12-month period, we can retrieve your information and you can seamlessly continue the use of our Service.

Where does ITSI store your data?

To provide you with the Service, we store, process and transmit data globally – including locations outside your territory of use. Information may also be stored locally on the devices you use to make use of the Service.

Contact

Any questions, concerns or comments can be directed to  helpdesk@it.si.

ITSI GDPR Privacy Policy

How We Use Your Information

We care about your personal data and it’s important that you know how we use it and how we keep it safe. This Privacy Policy covers how, when and why we use your information. This Privacy Policy also explains the choices you can make about the way in which we use your information and how you have the right to change your mind at any time. This Privacy Policy is not exhaustive, and we are always happy to provide any additional information or explanations where needed.

Please contact our Data Protection Officer either by email, telephone using these contact details:

Data Protection Officer
ITSI Holdings
morne@it.si
+2712 941 1546

This Privacy Policy applies to all information held by ITSI relating to individuals, whether you are a student, educator, member of staff, supplier or contractor.

Reviews of and Changes to our Privacy Policy

We will review our Privacy Policy on an annual basis. This Privacy policy was last reviewed in January 2018.

Information We Collect and Hold About You

We need to use information about you in various forms and we will only use the minimum amount of information necessary for the purpose. Sometimes we will use information that does not identify you for analytics and anonymised reports.

We will ensure that your information is:

1. processed fairly and lawfully
2. obtained only for specific, lawful purposes
3. adequate, relevant and not excessive
4. accurate and kept up to date
5. not held for any longer than necessary
6. processed in accordance with the rights of data subjects
7. protected in appropriate ways
8. transferred outside the European Economic Area (EEA), only if that country or territory also ensures an adequate level of protection

Types of Information Processed

ITSI processes information about individuals in several forms:

1. Identifiable – information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.
2. Pseudonymised – information where identifying characteristics of subject are replaced with pseudonyms, or, in other words, values which does not allow the data subject to be directly identifiable.
3. Anonymised – information that does not allow identification of the subject to whom it relates, and it is not possible that any subject could be identified from the data by any further processing of that data or by processing it together with other information which is available or likely to be available.
4. Aggregated – statistical information about a group of individuals that has been combined to show general trends or used for benchmarking purposes.

The records held by ITSI may be in physical (paper) or digital form.

Legal Obligations to Collect and Use  Information

In the circumstances where we are required to use personal identifiable information, we will only do this if:

1. We have received written consent from you to use your information for a specific purpose e.g. if it’s part of the performance of the contract between us – to do the work requested or execute the contract entered into or for personalised analytics.
2. There is an overriding public interest in using the information e.g. in order to safeguard an individual or to prevent a serious crime.
3. There is a legal requirement that will allow us to use or provide information e.g. a formal Court order or subpoena.

Our Commitment to Data Privacy and Confidentiality Issues

ITSI is committed to protecting your privacy and will only process personal confidential data in accordance with the Data Protection Act 1998, the General Data Protection Regulation (2018) and the Protection of Personal Information Act (2018).

The various laws and rules about using and sharing confidential information with which ITSI will comply are available at:

1. https://ico.org.uk/
2. https://www.eugdpr.org/
3. http://www.justice.gov.za/inforeg/

ITSI is a Data Controller and under the terms of the Data Protection Act 1998 and the General Data Protection Regulation (2018) we are legally responsible for ensuring that all personal confidential data that we collect and use i.e. hold, obtain, record, use or share about you is done in compliance with this legislation.

All data controllers must notify the Information Commissioner’s Office (ICO) of all personal  information processing activities. Our ICO Data Protection Register number is ZA234999 and our entry can be found in the Data Protection Register on the Information Commissioner’s Office website at https://ico.org.uk/ESDWebPages/Entry/ZA234999 .

https://ico.org.uk/ESDWebPages/Entry/ZA234999

All identifiable information that we hold about you will be held securely and confidentially. We use administrative and technical controls to do this. Only a limited number of authorised staff have access to information that identifies you where it is appropriate to their role and is strictly on a need-to-know basis. ITSI staff and management receive appropriate and on-going training to ensure they are aware of their personal responsibilities and have contractual obligations to uphold confidentiality, enforceable through disciplinary procedures. All staff are trained to ensure they understand how to recognise and report an incident ensuring that ITSI is able to investigate and manage any incidents in the correct way as set out by the various acts mentioned above.

Your information will not be sent to organisations where the protection of personal information laws do not protect your privacy to the same extent as the law in the UK. We will never sell any information about you.

Device Information

We collect information from or about devices where you install or access the ITSI Platform.

In some cases, ITSI collates  the information we collect from your different devices  with your user profile . Here are some examples of the device information that we collect:

1. Attributes such as the operating system, hardware model, device settings, device identifiers storage space.
2. Connection information such as the name of your mobile operator or ISP, browser type, Wireless SSID, Network type, language and time zone and IP address.

Furthermore, ITSI keeps track of your in-app activity and collects the events for meaningful analytics. Examples include:

1. Book opened
2. Page changed
3. Resource viewed
4. Help viewed
5. When you enter and exit miEbooks

Please note: We do not track any events outside of the ITSI Platform.

Personal Information

We collect the content and information that you provide when you use the ITSI Platform, including when you sign up for an ITSI Store account. This can include information in or about the content that you are accessing or uploading, such as the date a file was created. We also collect information about how you use the ITSI Platform, including when you create, share and open resources, open e-books and complete assessments.

Payment Information

ITSI does not store any payment information, all payment information is stored by trusted, PCI compliant third party providers. More information on the data processing procedures of our payment providers can be found here:

1. https://www.paypal.com
2. https://www.payfast.co.za

Cookies are small pieces of information that are stored on your computer, tablet or mobile phone when you visit a website. ITSI uses cookies to make our website and services work better for you and we recommend that you leave cookies switched on. If you wish to disable cookies, you can find more information in the help/support page of your web browser.

Types of cookies used

Strictly necessary cookies

These are cookies which are needed for our websites, applications or services to function properly, for example, these cookies allow you to access secure areas of our website or to remember what you have put into your ITSI Store cart.

Performance cookies and analytics technologies

These cookies collect information about how visitors and users use our websites, applications and services, for instance which functionality visitors use most often, and if they get error messages from areas of the websites, applications or services . These cookies don’t collect information that identifies a visitor or user. All information these cookies collect is aggregated and therefore anonymous. We only use these cookies to improve how our website, applications and services work.

Functionality cookies

These cookies allow our websites, applications and services to remember choices you make (such as your username or language) and provide enhanced, more personal features. These cookies may also be used to provide services you have asked for. The information these cookies collect cannot track your browsing activity on other websites.

IP Address and traffic data

We keep a record of traffic data which is logged automatically by our servers, such as your Internet Protocol (IP) address and device information. We also collect some site, application and service statistics such as access rates, page hits and page views. We are not able to identify any individual from traffic data or site statistics.

Your Rights as a Data Subject

As a data subject you have certain legal rights which ITSI should adhere to:

1. The right to have your information processed fairly and lawfully
2. The right to access any identifiable information ITSI holds on you.
3. The right to privacy and to expect ITSI to keep your information confidential  and secure.
4. The right to request that your personal information is not used beyond your own usage of the ITSI environment
5. The right to be forgotten or the right of erasure of your information
6. The right to rectify any information we hold about you.
7. The right to object to the processing of your information and to restrict the processing or to limit the purposes for which your data can be used.
8. The right to data portability to move your account details from one online platform to another

If we do hold identifiable information about you and you have any queries about the information we  hold please contact the Data Protection Officer using the details below:

Data Protection Officer
ITSI Holdings
morne@it.si
+2712 941 1546

You have the right to refuse/withdraw consent to information sharing at any time by using the  contact details above. If there are any consequences to withdrawing consent these will be fully  explained and discussed with you first.

Complaints Procedure

ITSI aim to meet the highest standards when collecting and processing your personal information. For this reason, we take any complaints we receive about this very seriously. We encourage people to bring concerns and suggestions to our attention if they think that our collection or use of information is unfair, misleading or inappropriate. Complaints or suggestions regarding the processing of information should be directed to:

Data Protection Officer
ITSI Holdings
morne@it.si
+2712 941 1546

You can also raise a concern directly with the ICO; although ITSI’s aim is to resolve your complaint swiftly ourselves in the first instance.