SURVEY TERMS AND CONDITIONS

1. General

   1. The organizer of the Customer Survey (“Customer Survey”) is Massmart Holdings (Pty) Limited (registration number: 1940/014066/07) having its registered address at 16 Peltier Drive, Sunninghill, Sandton.
   2. These Terms and Conditions govern your participation in Customer Surveys. These Terms are a valid and binding agreement between you and Massmart from the moment of signature of the Consent form and/or electronic permission provided by yourself. It is therefore important that you read and understand these Terms and Conditions which are amendable at any time by Massmart, without prior notice.
   3. By clicking “I agree”, or by submitting your information on any chosen Massmart electronic platform (portal, website, survey etc.), or by signing up for and voluntarily participating in any Customer Survey, you agree to the terms and conditions and the Massmart Privacy Policy found at Privacy Centre (massmart.co.za) (“collectively referred to as “Terms”).
   4. As stipulated in these rules, entry into a Customer Survey is valid once you have completed the survey. You have to be a natural person,18 years or older, in possession of a valid South African Identity Document, or passport with a valid temporary or permanent resident permit for South Africa, to enter (“Participants”).
   5. Participants taking part in a Customer Survey hereby accept and agree that they have had an opportunity to read and consider these Terms and Conditions and that they are bound by these Terms and Conditions and any other Terms and Conditions which Massmart advise are applicable.

2. CUSTOMER SURVEY

   1. Links to the Survey will only be valid for 7 (seven) calendar days and shall be obtained as follows:

      1. you may receive a link to voluntarily complete a survey from Builders, Game, Jumbo, Cash & Carry and/or Makro.

      2. The surveys may be aimed at:

         1. getting insights and feedback on customer shopping experiences;
         2. understanding customers’ shopping behavior;
         3. any other reason which Massmart will communicate to the participants.
   2. Each survey link may contain different questions for participants to respond to.
   3. Panellists may be required to complete the relevant survey within specific time frames as communicated by Massmart. It is your responsibility to ensure that the Customer Survey is completed or actioned prior to the expiry of the link and/or Customer Survey.
   4. Massmart reserves the right to amend, modify, change, postpone, suspend or terminate any Customer survey, or any aspect thereof, without notice at any time, for any reason which Massmart reasonably deems necessary. In such event, you waive any rights that they may have/purport to have in terms of the survey and acknowledge that you shall have no recourse against Massmart and its affiliates whatsoever.

3. SURVEY INDEMNITIES

   1. You acknowledge that you are completing a survey entirely at your own risk. Massmart and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors, any participating Massmart company and/or its subsidiaries cannot be held responsible or liable for any accident, injury, harm or loss suffered by any person or entity as a direct or indirect result of completing a survey.
   2. By completing a survey, you unconditionally and irrevocably indemnify and hold harmless Massmart, as well as its holding company, its subsidiaries and any subsidiaries of its holding company, and their successors and assigns, directors, employees, agents or consultants against all and any losses, claims, proceeding, actions, damages, (direct, consequential or otherwise) liability, demands, expenses, legal costs (on an attorney and own client basis) howsoever arising out of, based upon, or in connection with (directly or indirectly) your participation in the Customer Survey.
   3. Survey artwork is for illustrative purposes only. You hereby agree to release and indemnify Massmart and its directors, affiliates, members, partners, employees, agents, consultants, suppliers, contractors and subsidiaries and hold it harmless against any and all losses, harm, damages, rights, claims and actions of any kind in connection with the Customer Survey, from the participation in a survey including, without limitation, personal injuries, death and property damage, and claims based on publicity rights, defamation or invasion of privacy.

   4. Massmart and its service providers, are not responsible for:

      1. incorrect and inaccurate transcription of survey information;
      2. technical malfunction;
      3. inappropriate images and comments posted in the survey or by the public;
      4. lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network or computer equipment or software; and/or
      5. the inability to access any website or online services or any other error.

4. HOW TO PARTICIPATE:

   1. To take part in a Customer Survey, a Participant must comply with all of the following requirements:

      1. on receipt of the invitation to participate in the survey, complete the required information in full. The Participant warrants that all information provided is accurate and does not breach any law or the rights of another person;
      2. provide consent to voluntarily participate in the survey;
      3. on receipt of the survey invitation, complete all questions in full and in an unbiased fashion and submit as indicated on the survey questionnaire; and
      4. keep all information received during the survey, including the information on new products, confidential.
   2. By completing the Customer survey, the Participants will not be entered into a competition as defined in the Consumer Protection Act 68 OF 2008 (“CPA”), as this is governed by a different set of terms and conditions relevant to survey competitions organised by Massmart. Participation in Customer Surveys is based on voluntary participation and is not subject to any prize, reward or incentive.
   3. It is your responsibility to ensure that of all information provided by or on behalf of you to Massmart is accurate, complete and up-to-date at all times.

5. PERSONAL INFORMATION AND DATA PROTECTION

   1. By completing a survey, you consent to the collection, processing and further processing of your personal information (including personal information contained in electronic communications) by Massmart for the purposes of conducting the survey and facilitating the participation in the Survey.
   2. Massmart shall process any and all Personal Information collected in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”).
   3. You can refer to the Privacy Notice available at https://www.massmart.co.za/privacy-centre to confirm how Massmart will process your Personal Information.
   4. Any personal information relating to a panellist will be used solely in accordance with the POPIA and will not be disclosed to a third party without your prior express consent.
   5. By participating in the Customer Survey, you consent to the sharing of your personal information between Massmart and its affiliates including holding and subsidiary companies.
   6. The security and confidentiality of your personal information is important to us. We have implemented technical, administrative, and physical security measures to protect your personal information from unauthorised access or disclosure and improper use.
   7. Access to your personal information is restricted to only those employees who need the personal information to perform a specific job / task. All employees with access to Personal Information are kept up-to-date on our security and privacy practices. After a new policy is added, these employees are notified and/or reminded about the importance we place on privacy, and what they can do to enhance protection for our customer’s personal information.
   8. We are committed to ensuring that our security measures which protect your personal information are continuously reviewed and updated where necessary.
   9. Whilst we will do all things reasonably necessary to protect your personal information, we cannot guarantee nor do we accept any liability of whatsoever nature for any unauthorised or unlawful disclosure and/or use of your personal information, either by employees and/or made by any third parties (including third party service providers) who are not subject to our control, unless such disclosure and/or use is as a result of our gross negligence.
   10. Upon reasonable request and in accordance with POPIA, we will grant customers reasonable access to their personal information and will permit them to correct, amend or delete personal information that is incomplete or inaccurate. Should you so request, we will provide you with the record or a description of the personal information which we have about you, including information about the identity of all third parties who have, or have had, access to the personal information: (i) within a reasonable time; (ii) at a prescribed fee, if any; (iii) in a reasonable manner and format; and (iv) in a form that is generally understandable.
   11. Should you wish to make a request please click on the following link https://www.massmart.co.za/privacy-policy-2.
   12. We will take reasonable steps to ensure that all personal information is kept as accurate, complete and up-to-date as reasonably possible but may not always expressly request you to verify and update your personal information, unless this process is specifically necessary. We expect that you will notify us from time to time in writing of any updates required in respect of your personal information.
   13. In addition, you may cancel or modify the email communications you have chosen to receive from us by following the instructions contained on our website. If you have any questions concerning your personal information or how to exercise these rights, please Contact Us at info.officer@Massmart.co.za.
   14. You also have the right to lodge a complaint with the Information Regulator. You can email the Information Regulator with your complaint/query at mailto:inforeg@justice.gov.zaor call them on 012 406 4818. Visit their website for more details: https://www.justice.gov.za/inforeg/contact.html.

6. DISPUTES AND AMENDMENTS

   1. Should any dispute arise in relation to these Terms and Conditions, Massmart’s decision be final and no correspondence shall be entered into.
   2. For more information or a copy of these Terms and Conditions, please visit www.builders.co.za, www.makro.co.za for Makro, www.game.co.za for Game, www.builders.co.za for Builders, JUMBO Wholesale SA Facebook page for Jumbo cash and carry. Any related queries may be directed on email on info@massmart.co.za from Monday to Friday, 8:30am to 5:00pm.