1. Terms & Conditions
READ THE AGREEMENT CAREFULLY. BY DOWNLOADING THIS APPLICATION MEANS YOU AGREE TO THE TERMS OF THE AGREEMENT.
IF YOU DO NOT AGREE TO THE AGREEMENT TERMS, DO NOT USE THIS APPLICATION.
THE AGREEMENT IS NOT AVAILABLE TO PEOPLE WHO ARE 18 YEARS OR YOUNGER.

Definitions

Mission: a task allowing for a Secret Agent to measure quality of service, compliance with regulation, and/or gather specific information about products and services at a retailer or service provider through the Secret Agent Mobile Application in exchange for remuneration.

Secret Agent: a user of the Secret Agent Mobile Application who wishes to take one role of a mystery shopper.

Secret Agent Mobile Application (“the Application”): a mobile application owned by Clandestine Insights (Pty) Ltd (“Clandestine”) which provides Secret Agents with the opportunity to complete Missions for various retailers or service providers.

Clandestine offers to contract with you as a Secret Agent, according to the terms and conditions set forth in this Agreement. By indicating your acceptance below, you will be agreeing to its terms and conditions.

Appointments and responsibilities

Clandestine is contracting with you to act as a Secret Agent. From time to time, as various business operations require, the Application will make Missions available to you and request you to use the services or purchase the products of one of Clandestine’s designated clients. For each Mission, you will render the following services, taking care to use your best efforts and skills and faithfully, completely, professionally and diligently serve Clandestine and act in its best interests:

• Present yourself at client location as a customer of the specified product or service;
• Observe and evaluate this specified product or service;
• Provide an objective, factual and detailed report, in the format required on the mission, based on your observations or interactions following the tasks indicated under the Mission;
• Submit your report on the Application as requested by the Mission; and
• Complete your Mission and submit your report within the time limits provided to you by the Mission.

If you or any member of your family or friends are currently or previously employed by a Clandestine client, you will inform Clandestine and decline any Missions offered to you for this client. You shall also inform and decline any evaluation offered to you for a Clandestine client located in the same shopping centre where you are presently or previously employed. You understand that you will not be contracted with to conduct evaluations involving these circumstances due to a potential conflict of interest and should you complete such a Mission you will not be entitled to the remuneration.

Under no circumstances shall you divulge to the client’s personnel your activities are on behalf of Clandestine. Clandestine will inform you prior to each Mission of the locations and directions for your shopping Mission. You agree to express interest and confirm your acceptance of Missions and terms on the Application, and agree to fully complete Missions and return required reports to Clandestine by the specified due dates.

Clandestine reserves the right to engage others to provide similar and/or identical services in the same geographical area and/or same stores without obligation to you.

Term and compensation

The anticipated term of the Agreement shall commence on the date on which a Mission is accepted on the Application. The term of the Agreement shall continue until the Mission has been successfully completed and you have been remunerated in exchange for these services. Terms of the Agreement governing Confidential Information will service termination of the Agreement.

For acting as an independent contractor “Secret Agent”, Clandestine will pay you in the form of cash and/or rewards, and for a sum as stated in the Mission. By accepting the Mission you agree to a fee which will be paid to you upon the successful completion of the Mission. You will be paid the fee within 14 days of successful completion of your Mission. Clandestine will not pay you the fee for a Mission if Clandestine or the Clandestine Customer rejects the Deliverables associated with that Mission. Successful completion of the Mission is subject to approval by Clandestine or the Clandestine Customer, which approval may not be unreasonable withheld and will be assessed with referent to the tasks listed in the Mission.

All shopper fees will be paid through the Application.

Relationship of the Parties

You acknowledge and agree that your relationship with Clandestine is that of an independent contractor performing your services under the Agreement. Nothing in the Agreement or otherwise shall be construed as constituting you as an agent, employee or legal representative of Clandestine for any purpose whatsoever. You, acting as a Secret Agent under the Agreement, are not authorized to transact business, incur obligations, sell goods or services, receive payments, solicit orders or sign or create any obligations of any kind, express or implied, on behalf of Clandestine or to bind in any way whatsoever or to make any promise, warranty or representation on behalf of Clandestine except as expressly authorized in writing by Clandestine.

You will use your own equipment to undertake each Mission on your own time and to produce the report.

You are free to provide shopping service to other mystery shopping firms and you hereby represent hereunder that you do hold yourself open to provide such shopping service to other mystery shopping firms.

You acknowledge that you intend not to be treated as an employee of Clandestine for any purposes. No withholding for taxes, or other statutory deductions of any kind will be taken from your fee and you are responsible for filing all necessary returns and paying directly all necessary taxes and contributions.

Trade secrets and proprietary information

You acknowledge that information concerning Clandestine’s test shopping and research services and techniques, including the names and addresses of Clandestine’s customers and their stores, the amount of sales, the types of products, `missioned market needs, market habits and conclusions of your shopping evaluations (collectively “Confidential Information”) is of great value to Clandestine, would be of great value to competitors of Clandestine, is not common knowledge, has been developed through substantial effort and substantial expenditure of money, and could not be properly acquired or duplicated by others without considerable difficulty. Accordingly, you acknowledge that any such information is confidential business information. You shall not, during or after the term of this Secret Agent Missions Agreement, disclose any such Confidential Information or use any such Confidential Information except for the purposes of your performance under this Secret Agent Missions Agreement.

“Secret Agent” is a trademark of Clandestine (the “Clandestine Mark”). You acknowledge and agree that you will not display or use in any manner the Clandestine Mark or any other related logos, service marks and products without the prior written consent of Clandestine.

You understand and agree that any and all original works that you author (solely or jointly with others) within the scope of this Secret Agent Missions Agreement and which are protectable by copyright are deemed to be works which you have made for hire. You further agree to keep and maintain current written records of all original works which you author (solely or jointly with others) during the term of the Agreement. These records will be in the form of notes, sketches, drawings, or any other format that may be specified by Clandestine or kept by you. The records shall be made available to and remain the sole property of Clandestine at all times.

Upon termination of the Agreement and continuing thereafter, you will cooperate with Clandestine to assure that Clandestine knows about all Missions on which you have been working. Upon the Agreement’s termination and promptly upon Clandestine’s request you will surrender to Clandestine all memoranda, notes, records, drawings, sketches, models, lists, summaries, notebooks and other data and records of any kind that are in your possession or under your control relating to your services to Clandestine, and you agree that all such materials relating to your services under this Secret Agent Missions Agreement is the property of Clandestine.

You are aware of no obligations, legal or otherwise, inconsistent with the terms of the Agreement with Clandestine. You will not disclose to Clandestine, or use, or induce Clandestine to use, any proprietary information or trade secrets of others. You represent and warrant that you have returned all property and confidential information belonging to all prior clients, customers and employers.

Limitation of liability

As an independent contractor acting as a Secret Agent under the Agreement, you acknowledge and agree that Clandestine shall not be liable to you, your estate, heirs, successors or assigns for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, (1) damages for injury or loss of life, (2) monetary damages, minimum wages, unemployment compensation or workers compensation except that Clandestine remains obligated to make all appropriate payments to you of fees required under the Agreement, and (3) any other intangible losses resulting from the services you or your agents render as an independent contractor on behalf of Clandestine under the Agreement

Governing law, jurisdiction and language

The Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters relating thereto will be determined in accordance with such law.
Both Clandestine and you (“the parties”) hereby irrevocably submit to the exclusive jurisdiction of the High Court of South Africa (Witwatersrand Local Division) (or any successor to that court) in respect of all and any matters arising out of or in connection therewith. The parties irrevocably waive any objection they may now or hereafter have that such action or proceeding has been brought in an inconvenient forum.
The Agreement has been concluded in the English language. In the case of any conflict between the English and any other translation version, the English version shall prevail.

Force Majeure
Clandestine shall be under no liability to you the Secret Agent in respect of anything which, in the absence of this provision might constitute a breach of the Agreement, arising by reason of force majeure, vis major, casus fortuitus or due to any circumstances beyond Clandestine’s reasonable control, even if Clandestine should have foreseen the possibility of the occurrence or existence of those circumstances.

Whole Agreement, no Amendment
The Agreement constitutes the whole agreement between the parties relating to its subject matter, supersedes all prior or oral or written communications and representations with respect to the Mission, and, prevails over any conflicting or additional terms in any document or other communication between the parties leading up to and during the term of the Agreement.
No amendment or consensual cancellation of the Agreement or its provisions or terms or of any agreement or other document issued or executed pursuant thereto or in terms thereof, no settlement of any disputes arising under the Agreement, and, no extension of time, waiver or relaxation or suspension of any provisions or terms of the Agreement or of any agreement or other document issued pursuant thereto or in terms thereof, shall be binding unless recorded in a written document signed by the parties or by the party granting the extension, waiver or relaxation, as the case may be. Any extension, waiver or relaxation given or made shall be strictly construed as relating strictly to the matter in respect whereof it was made or given and shall not operate as an estoppel against the party making or giving it nor operate to preclude such party thereafter from exercising its rights strictly in accordance with the Agreement.
To the extent permissible by law neither Clandestine you shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.

Severability
Any provision in the Agreement which is or may become illegal, invalid or unenforceable shall be ineffective to the extent thereof and shall be treated pro non scripto and severed from the balance of the Agreement, without invalidating the remaining provisions.
Clandestine reserves the right to terminate the Agreement if in Clandestine’s opinion, the severing of any provision by operation of this clause unreasonably compromises its rights or liabilities.
Interpretation
In the Agreement –
clause headings are for convenience and reference only and shall not be used in interpreting, modifying or amplifying its terms or clauses;
unless a contrary intention clearly appears, words importing any one gender include the other two, the singular include the plural and vice versa, and, natural persons include created entities (corporate or unincorporate) and the state and vice versa;
any reference to an enactment is to that enactment as at the date of acceptance of the Agreement and as amended or re-enacted from time to time;
if a provision in a definition confers rights or imposes obligations on a party, effect shall be given to it as if it was a substantive provision in the body of the agreement, notwithstanding that it is only in a definition;
any number of days prescribed shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday;
its termination shall not affect those terms as expressly provide that they will operate after termination or which of necessity must continue to have effect after termination, notwithstanding that the clauses themselves do not expressly provide for this;
the rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply;
any reference to a party to it shall, if such party is liquidated or sequestrated, be applicable also to and binding on that party’s liquidator or trustee;
the words “include”, “including” and “in particular” shall be construed as being by way of example or emphasis only and shall not be construed nor take effect as limiting the generality of any preceding words;
the words “other” and “otherwise” shall not be construed as being of the same kind or nature as any preceding words where a wider construction is possible.
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2. Privacy Policy

This privacy policy sets out how Clandestine Insights (Pty) Ltd (“Clandestine”) uses and protects any information that you give Clandestine when you use register and make use of our Secret Agent Mobile Application.
Clandestine is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Secret Agent Mobile Application, then you can be assured that it will only be used in accordance with this privacy statement.

What we collect 
We may collect the following information:
• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers
• internet user information
What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail.
• We may use the information to customise the Secret Agent Mobile Application according to your interests.
• We will never sell your information.
How we share personal information with others
We may share your personal information with:
• our service providers under contract who help with parts of our business operations
• Parties where we are required to do so by law
• Other third parties, provided we have received your explicit consent

Security 
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.

How we use cookies 
A cookie is a small file which asks permission to be placed on your mobile phone. Once you agree, the file is added and the cookie helps analyse traffic or lets you know when you visit a particular site. Cookies allow applications to respond to you as an individual. The application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. 

We use traffic log cookies to identify which missions and/or tabs are being accepted. This helps us analyse data about traffic and improve our Secret Agent Mobile Application in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. 

Overall, cookies help us provide you with a better Secret Agent Mobile Application, by enabling us to monitor which missions and/or tabs you find useful and which you do not. A cookie in no way gives us access to your mobile phone or information about you, other than the data you choose to share with us. 

You can choose to accept or decline cookies. Most mobile phones automatically accept cookies, but you can usually modify your setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Secret Agent Mobile Application.

Links to other Secret Agent Mobile Applications
Our Secret Agent Mobile Application may contain links to enable you to visit other Mobile Applications or websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other Mobile Application or website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the mobile application or website in question.
Non-personal information
Notwithstanding anything contained in this policy regarding your information, the following information is not regarded as personal information for purposes of this policy:
• Information which cannot be linked back to you
• Non-personal statistical information i.e. information which has been aggregated and cannot be linked back to you
• Information which you have provided voluntarily in a public environment
• Information generated through your completion of Secret Agent Missions – See Secret Agent Terms of Service in this regard

Your consent

By using the Secret Agent Mobile Application you acknowledge that you accept this policy, and you specifically allow for the collection, storage, processing and disclosure of your personal information as described in this policy. Should you not wish to be bound by this policy, please stop using the Secret Agent Mobile Application and termination your account. Should you terminate your account, you consent to our retention of the information we have already collected from you for record-keeping purposes only.

Changes to the policy

Clandestine may change this policy from time to time by updating this page. You should regularly view this page to ensure that you are happy with any changes. The revised version of this policy will apply after 30 calendar days from the date on which we had updated the page. If you are not happy with the revisions made, you should stop using the Secret Agent Mobile Application

Question

If you have questions or concerns regarding this policy, you should contact us via info@secretagent.co.za