JVR Africa Group Terms of Business

Basic Orientation

This document must be read with all the JVR Terms of Business documents that include the JVR policies on Data Security and Privacy. These documents, as well as a range of JVR Policies and Policy Statements are available on the JVR website https://jvrafricagroup.co.za/. This serves to confirm JVR’s ongoing commitment to governance, risk management, and compliance. JVR shall have the right to amend these Terms of Business from time to time. The latest updated version will be available for inspection, free of charge at the JVR offices, on the JVR websites, or from informationofficer@jvrafrica.co.za.

The JVR systems are available 24-hours of all days during the year, except for where maintenance and upgrades to the systems must be done. In this regard, given that it could impact on the availability of the service, JVR provides notifications timeously.

Support in obtaining information, quotes, prices, or being ‘set-up’ or guided in the use of the JVR systems is available during office hours (8:00 to 16:00) every weekday, excluding public holidays or days over the Christmas break (December/January). For more information contact JVR telephonically at +27 11 781 3705 during office hours or send an email to info@jvrafrica.co.za.

Structure of this Document

• Basic Orientation

• Structure of this Document

• Purpose

• Definitions

• The JVR Electronic and Online Systems

• JVR as Processor of Information

• Terms of Business: Access and Use of the JVR Electronic and Online Systems

• Application Programming Interface (API) Integration with the JVR Electronic and Online Systems

• JVR Electronic and Online Systems: Operational Terms of Business

Purpose

Electronic and online systems in this document refer to such systems used by JVR for the delivery of products, learning material, and services to clients. These systems may be owned, developed, and Terms of Business – Use of Electronic and Online Systems 2 maintained by JVR or systems owned and developed by third parties integrated into JVR’s systems. They may also be independent systems separately utilised for additional products and services.

The management and use of the JVR-owned, used-, and distributed electronic systems are governed by, construed, and enforced in accordance with the laws of South Africa, specifically also the Protection of Personal Information Act (POPIA) and the rules of the Health Professions Council of South Africa (HPCSA) issued in terms of the Health Professions Act. The international systems integrated with the JVR-owned systems must comply to GDPR (EU/EEA) or equivalent legislation in their country of origin. The purpose of this document is to ensure that compliant use of these systems is ensured.

The electronic and online systems used by JVR to enable and support modern client solutions are contractually managed and to the best of our knowledge in compliance to national and international best practice, legislation, and professional and ethical conduct. We continue our best efforts to ensure that our electronic systems are compliant, reliable, robust, and free from any faults, defects, bugs, destructive coding, or devices.

In as much as JVR endeavours to maintain the stability and integrity of the electronic and online systems, the JVR Group of companies cannot be held liable for the way the systems are used or the external factors that may influence JVR services. Much attention in this document is, therefore, on how the electronic and online systems provided by JVR to clients must be used.

In this regard, all clients, business partners, and other users of the JVR delivery and processing systems must understand that by using the JVR electronic and online systems, they agree to comply with all the terms and conditions outlined herein and also referred to in all the other JVR Terms of Business documents. This includes:

• That users are held to the compliant, responsible, acceptable, ethical, secure, and best practice use of the systems and all the information, processes, and data it carries.

• Compliance with the Protection of Personal Information Act (POPIA) and all other national and international laws that seek to protect the confidentiality of personal and other sensitive data.

• Adherence to the ethical standards of the profession of psychology as formulated by the HPCSA and other recognised international professional psychology entities such as the American Psychological Association (APA) and the British Psychological Society (BPS).

• That the intellectual property of JVR and that of the entities JVR contractually works with, is acknowledged, accepted, always respected, and that violation of intellectual property (IP) will not be allowed or tolerated.

• That in the combined use of one or more of the JVR systems, both the general and specific operational requirements of each of the systems must be understood and accepted.

Definitions

Please refer to Annexure A for the list of definitions related to the JVR Group Terms of Business.

The JVR Electronic and Online Systems

The electronic and online systems developed and used by JVR provide professional, modern, user-friendly, efficient, reliable, secure, and compliant methods of identifying talent. It specifically also allows for centralised storage of data and the ability to draw metrics for reporting, talent management, and research purposes.

The systems relied on by JVR provide assessments administration and scoring capability, learning management and consulting processing, and project management systems for the purpose of tracking candidate progress on specific client projects.

JVR as Processor of Information

The JVR Africa Group (JVR) is the owner, distributor, integrator, aggregator, processor, and/or user of assessments, learning material, and consulting processes available on the JVR electronic and online systems/platforms.

Implicit in the products and services available across the JVR Group is the processing and transmission of sensitive and personal information. For this reason, these JVR systems and their functionality are diligently managed with ongoing care to ensure compliance to legislation, best practice, and professional- and ethical standards. This is also particularly so because it is recognised that the internet is not a secure medium and that the privacy of the information, communications, and visits to online systems cannot ever be completely guaranteed.

At JVR there are three general levels of access to the JVR systems, namely:

• Users of the systems (professionally qualified, certified, and authorised clients of JVR).

• End-user clients or assessment takers also referred to as learners, candidates, or delegates who access and use the system as per the request of a user.

• A small number of technical experts who are appointed to continuously build, test, maintain, optimise, safeguard, and enhance the JVR-owned electronic and online systems, and the integrations.

Safeguarding and protection of personal information, as well as compliance with the relevant legislation and standards are implemented on all three these levels. Some of these include the following:

• JVR makes the systems available to appropriately qualified, vetted, and authorised users. Professional qualifications, certification/accreditation, and registration with the relevant professional board are verified to ensure high professional standards and compliance to legislation in the use of psychological assessments.

• Client consent is required for their personal information to be processed, analysed, and reported on.

• Products, services, and learning events requested by JVR clients are scoped, negotiated, defined, priced, and contractually agreed on with clients before implementation. These principles are summarised in the JVR Service Agreements and POPIA Operator Agreements. JVR requires Clients/Users to sign their acceptance of a Service Agreement and the POPIA Operator Agreement before the commencement of services.

• The systems provide secure portals where appropriately qualified and certified clients have access to their own company or project results, reports, and data.

• It also allows for the setting of access levels and restrictions in terms of who may/may not have access to the sensitive information contained on the system/portal.

• System integrations are only done with compliant and reputable external systems.

• There is ongoing attention by technical experts committed to compliance to ensure the safe and secure hosting of data.

• The OneJVR and electronic platforms conform to the industry standard security protocols concerning data relevant to the version of the application and its subcomponents and subsystems.

• JVR servers use 128-bit industry standard Secure Sockets Layer (SSL) encryption, which is encryption technology that works with the most current web browsers. SSL encrypts the administrator’s personal information as well as the respondent’s information returned to the administrator, protecting against disclosure to third parties.

• Given the dynamic advances in technology, a dedicated team of highly qualified persons gives ongoing attention to safety, best practice, and compliance protocols. In this regard, regular penetration testing is done on the broad spectrum of JVR technology and online systems to ensure compliance and safety of all information.

• A thorough range of JVR Policies, Guideline documents, SOPs, and ongoing training to ensure compliance by JVR employees.

• The implementation and compliance to contracts and documents, such as third-party agreements, integrator agreements, and non-disclosure agreements further ensure ongoing compliance to both national and international legislation and best practice regarding the secure, safe, and responsible management of data (more information can be obtained from the informationofficer@jvrafrica.co.za).

• The safety and security of data are also enforced by Board oversight and a wide range of HR, technology, and governance policies as well as agreements, contracts, SOPs, and more that are all purposefully formulated for compliance and such compliance are trained on in company meetings.

• JVR has qualified staff available during office hours to provide client support, a website where information can be gained, regular newsletters with product and service updates as well as training, webinar, and other online events to ensure all relevant information regarding product and service usage as well as requirements for compliance are readily available to those who ask.

It must however be noted that JVR, as a professional processor of information, does not have final control over and cannot take the responsibility for a user’s negligence or abuse of their own/their client’s personal and processed information and/or the JVR systems.

It is urgently requested that any suspected unacceptable use of the JVR electronic and online systems must immediately be reported to JVR for the attention of the informationofficer@jvrafrica.co.za.

Terms of Business: Access and Use of the JVR Electronic and Online Systems

The following serve as Terms of Business to all who gain access to, use, and implement the value obtained from the JVR Electronic and Online systems:

General Use

The users of the JVR electronic and online systems:

• Agree that the JVR electronic and online systems will not be used in any manner that is prohibited by law, professional ethics, or that infringe on any of the right of the owners and distributors.

• Will use and access the OneJVR platforms in a manner that will not disrupt, corrupt, or otherwise damage the electronic or online system itself, the output and processing done by the system or the reputation of the JVR Africa Group, its business partners, products, assessments, learning interventions, or services.

• Will ensure that no unauthorised use of any or all or parts of the JVR-owned or managed online systems, including for instance, trying to access confidential data, screen-printing/photographing/copying test items, or obtaining or using other people’s access codes without permission is allowed.

• Accept responsibility for maintaining the secrecy and security of access codes, passwords, and/or login credentials, and understanding that this cannot be transferred.

• Any suspected breach of this security by, for instance making it available to others, should immediately be reported to JVR (informationofficer@jvrafrica.co.za).

Professional Standards and Best Practice

Those who use and receive output from the JVR electronic and online systems accept that, because the personal information entered onto the JVR systems by users, clients, or delegates is a core requirement for administration processes such as registering and attending learning events, scoring and reporting of assessments, or embarking on contracted consulting and/or research projects, it is essential that:

• Standard assessment processes are used by the appropriately qualified, registered, certified, or accredited professional(s) who take/s full responsibility for ensuring that all instructions and assessment processes have been professionally and fully complied with.

• Accept full responsibility for the verification and accuracy of all the information supplied to JVR for processing and reporting purposes.

• Accept that JVR shall only supply assessments or any other reports to clients on the terms and conditions set out in the Service Agreement and the JVR POPIA Operator Agreement between JVR and the client.

• Accept that the reports generated through the administration process of JVR do not constitute and shall not be considered to be advice, recommendations, or endorsements by JVR unless the word “advice”, “recommendation”, or “endorsement” is specifically used in a sentence, paragraph, or section in which case that sentence, paragraph, or section (as the case may be) shall be regarded as advice, recommendation, or endorsement (as the case may be).

• Accept that all reports, advice, recommendations, or endorsements by JVR referred to above shall be subject to the provisos, conditions, and/or qualifications set out in such documents.

• Accept that JVR accepts no responsibility or liability for:
  a) the use and interpretation of assessments, raw results, and/or reports by clients or staff of clients who should not be provided with such information because they are not qualified, professionally trained, or certified as users of such assessments or reports.
  b) the incorrect interpretation, scoring, weighting, recommendation, or application of reports by the client or its staff.
  c) the use of reports for incorrect, inappropriate, or unauthorised purposes.
  d) use of interpretations and recommendations based on derivative and copyright violated versions of assessments distributed by JVR.

• Acknowledge that the contents, information, learning material, assessments on the JVR systems are provided on an ‘as is’ basis only. To the extent permitted by law, any statutory or implied warranty of merchantability or fitness for a particular purpose are completely denied and disclaimed.

• Agree that JVR shall not be liable for any third-party claims based on the use of any assessments, training, services, or information available on the JVR systems.

• Note that JVR expressly disclaims any, and all other warranties, expressed or implied, including, without limitation: (1) any warranties concerning the availability, accuracy, or content of any information, products, services or the site; (2) any warranty of title or warranties of merchantability or fitness for a particular purpose.

• Agree that failure of JVR or any other product owners to exercise any rights, powers, or remedies hereunder, or its delay to do so, shall not constitute a waiver of these rights, powers, or remedies. If any provision of these Terms of Business is, however, found to be invalid or unenforceable, this provision will be deemed severed from the remainder of the Terms of Business, which will remain valid and enforceable.

Copyright, Logos, Trademarks, and Intellectual Property

JVR and the contractual suppliers/business partners we work with are the rightful owners of the various online platforms and the IP (Intellectual Property) and copyrighted information thereon.

All information contained in/on the JVR systems are, therefore, either owned by or licenced to JVR. Unauthorised use of all or part of the online platforms or its contents is prohibited.

No portion of these platforms, including any name, logo, trademark, or service mark contained and accessed by these websites, and owned or licenced by the supplier, may be used in any manner whatsoever without JVR and the supplier’s prior written permission. This includes assessment items, scoring, reports, supporting content manuals, algorithms, scoring methodology and keys, code, data, models, text, resources, learning material/content, services, templates, names, trademarks, service marks, images, audio or video training, methodology, structure, logo or design. None of these may be copied, translated, stored, shared, modified, photographed, downloaded, duplicated, created derivatives of, used, or distributed in any manner without prior written permission from JVR and JVR reserves the right NOT to provide such permission.

These rights are all protected by national and international intellectual property right laws and international treaty provisions.

In this regard it is also important to note that:

• Ongoing respect and acknowledgment are required of all IP hosted on the JVR electronic and online systems and that users of the systems undertake that they will not violate copyright or create derivatives from data collected on the JVR electronic and online systems.

• Payment for a processed output by JVR does not entitle anybody to believe they own any of the IP published, used, or relied upon when using the platform.

Information Privacy and Security Requirements

Users of the JVR electronic and online systems take responsibility for:

Accurate, Complete, Honest, and Verified Information

• It must be ensured that all information (biographical or other) entered in the systems by users or delegates/candidates is honest, truthful, accurate, and verified as this is essential for ensuring that JVR can provide high quality business- and processing services.

• All who respond to assessments, questionnaires, surveys, or any feedback must do so with honesty, consideration, and truthfulness.

• Informed consent documents required by the JVR systems must be fully and accurately completed and personally signed/accepted by each person/client/employee.

• No person, unless specifically authorised in writing and provided to JVR as a formal request with motivation, may have access to or respond as a third party to the biographical, assessment/survey, or feedback requirements of another person.

Compliance: Safety and Security of Information (POPIA/GDPR and the HPA and HPCSA)

Clients, delegates, and those using/overseeing the use of the JVR electronic systems take full responsibility for compliance regarding POPIA/GDPR.

Compliance with the Protection of Personal Information Act (POPIA) or GDPR (should work be done outside RSA) for the processing of personal information on the JVR electronic and online systems is non-negotiable.

All who use the JVR online and electronic systems in South Africa are accountable to ensure the strict handling of personal information in terms of the POPIA that specifies:

• Lawful Processing: Data must be collected and processed with the data subject’s explicit consent or under a lawful basis.

• Security Safeguards: Implement encryption, access controls, and audit trails to protect data in transit and at rest.

• Data Minimisation: Only collect data necessary for the intended purpose.

• Retention and Deletion: Define clear policies for data retention and secure deletion.

• Cross-border Transfers: If data is transferred outside South Africa, ensure adequate protection is in place.

Health Professions Act (HPA) and the HPCSA guidelines

In South Africa, both the POPIA and the HPA/HPCSA specify how personal- and sensitive information must be managed. Given the nature of JVR’s products and services, compliance to both pieces of legislation must be ensured. In this regard, users of the JVR electronic and online systems are required to ensure that:

• They have a continued awareness and respect for the rights of all individuals whom they ask/invite to access and use the JVR systems – making sure that their questions are answered, instructions to them are clear, and their consent is obtained. As such, always acting within professional, best practice, ethical, and legal boundaries.

• They understand that assessment results are regarded as Health Records by the HPCSA and must be in safekeeping for at least seven (7) years as is stipulated in the JVR Service Agreement and the POPIA Operator Agreement.

• All the personal information gained whilst working on the JVR electronic and online systems is managed according to the POPIA requirements and the HPA/HPCSA ethical principles.

• All confidential and sensitive information collected as part of international projects are compliant to GDPR principles or the similar legislation of the specific country in which personal data is sourced, processed, and stored.

• The compliance to legislation is complemented with the adherence to their own published corporate policies on data protection, access control, and principles of acceptable use.

• Only use the JVR systems for authorised business purposes within the scope contractually agreed upon and within the budget allowed.

• The further processing of personal data by the company/users is lawfully, securely, and ethically processed, shared, and feedback provided on.

• No processing, data, and/or feedback can be delegated to anybody who is not appropriately trained, certified, knowledgeable, or skilled to deal with such responsibility.

• Will not make available the personal information of clients to any third party without signed consent from the client concerned, and in doing so, ensure equivalence in the protection of personal information of the receiving party.

• Report any security incidents or breaches immediately to the JVR Information Officer (informationofficer@jvrafrica.co.za).

Record-keeping, Data Access, and Data Transfers

The users of the JVR electronic and online systems:

• take full responsibility of ensuring confidential and accurate record-keeping of their own/all personal information generated by the system as well as the information provided to them by JVR, in accordance with legal and ethical regulations.

• will ensure the safe and confidential storage of electronic information according to the signed Service Agreement, POPIA Operator Agreement, and HPCSA guidelines.

• will give specific and ongoing attention to ensure compliance to all the laws and restrictions of any/all of the specific country/countries in which the assessments/services and related output can/must be saved.

• understand that their data and records reflect in their own workspaces/portals where they take responsibility for ensuring appropriate levels of access to ensure security.

• are required to provide a full motivation for any data transfer requirements given their own responsibility for safekeeping of such. Requests for data transfer, if approved by JVR, will require following a thorough process of ensuring the safety of the data and compliance by both parties. Details regarding the ownership of the data, purpose and process of extraction and transfer, as well as the time and cost implications must be discussed and contracted for between JVR and the client or where relevant also with the third-party service provider(s) e.g. Application Programming Interface (API) integration with the JVR Electronic and Online Systems.

An API (Application Programming Interface) integration refers to a software application service comprising a set of rules and protocols that allows different software applications to communicate with each other.

JVR may be able to do API integrations between the OneJVR system and the online platform of a business partner or client of JVR. These integrations are selectively offered and carefully screened and will also depend on the compatibility of the respective systems. The decision for API integration between OneJVR and the client’s online platform is discretionary and based on a contractual agreement between the client and JVR.

All the JVR Terms of Business apply to API clients. This includes for instance that:

• the client representatives that will be using and processing the product and services that are sourced via the API system/platform must be duly qualified, certified, and professionally registered to use the product and services.

• clients must ensure that staff using the API are trained in the ethical and legal use of psychometric data.

• the use of psychometric assessment products, learning material, and services via the API must fully comply with the POPIA, HPA, and HPCSA regulations.

• if API clients share data with third parties, those parties must also comply with POPIA and HPCSA rules.

• no copyright violations will be tolerated.

In additional to those, the following Terms of Business specifically applies to API integrations:

Professional Use and Legal Compliance – API Integrations

Commercial Terms of Engagement

API clients are expected to sign an Integrator Service Agreement and POPIA Operator Agreement with JVR.

Integration and Technical Specifications

The integration between OneJVR and the client’s platform shall be strictly configured according to the API documentation that includes clear definition of API endpoints, request/response formats, and authentication methods, responsibilities for maintaining compatibility, and ensuring uptime, including the integration protocol standard specification, data encoding formats, and encryption prescripts.

Confidentiality and Security

Mutual confidentiality obligations for proprietary and sensitive information are agreed within the integrator agreement, which also include clauses for the secure handling of access credentials and API keys, as well as restrictions on sharing or exposing internal system details.

Ownership and Licensing

Like the direct online use of the OneJVR system, API clients do not own the JVR distributed/owned psychometric instruments, learning material, or consulting interventions.

There are clear restrictions and requirements for compliance regarding the JVR products and services and the resale of such.

JVR remains the license owner of all software as well as the owner to all access rights on the OneJVR system. This implies that the use of API between OneJVR and the client’s platform is for the exclusive use of the client and nontransferable to any other stakeholders.

No transfer of IP rights is included when a client integrates with OneJVR via an API. Therefore, the ownership of the API and the related documentation remain with JVR.

Access and Authentication

The API client shall require secure API key management, role-based access, and multi-factor authentication for the use of data via OneJVR to the client’s online platform and must include provisions for the revoking of access on the client’s online platform in case of misuse or breach.

API clients are obliged to report any suspected security incidents or breaches on their online platforms to JVR immediately as it might impact on the security of OneJVR.

Data Handling and Protection

In terms of the API agreement, JVR licenses the client for processing, analytics, or dissemination in compliance with the POPIA and GDPR as well as the HPA and HPCSA where applicable.

API clients are obliged to ensure that data backups, restoration, and breach notifications are managed and enforced on their platforms where the data is processed.

Indemnity and Liability

The API client shall fully indemnify JVR against any loss, either direct or indirect, damage, or expense whatsoever, which JVR may suffer or incur in respect of any breach by the client of the provisions of the Integrator Agreement, any claim by any person against the client arising out of or in respect of the improper, inappropriate, or unauthorised use, application, and interpretation of the Approved Test, Learning Material, Approved Products and Services, and the Intellectual Property by the API client.

JVR will also not be liable for any loss, penalties, prosecution or litigation or consequential damages that may result from the misuse of assessments, data breaches, third-party claims,or non-compliance by the API client with POPIA/HPCSA.

Service Levels and Maintenance

Service Level Agreements (SLAs) for uptime, response times, and issue resolution are contracted as the standard terms of use of the platform and include arrangements for scheduled maintenance windows and notification requirements.

Termination and Data Handling

Upon termination of the API service, both JVR and the client will engage in data and IP handover, destruction where applicable, data dissemination and transfer as well as the ceasing of the API usage as contracted in the mutual contract.

Audit and Monitoring

The API client shall allow JVR to perform regular audits of API usage and data access logs.

Charges and Payments

The use of the OneJVR platform for API usage and support is offered to clients at no cost. Should any additional consulting services, features, or specialised services be required, these will be based on the contractual agreement for such services and charged for accordingly.

JVR Electronic and Online Systems: Operational Terms of Business

In addition to the General Terms of Business discussed in this document, Operational Terms of Business related to specific electronic and online systems must also be complied to.

The systems relied on by JVR for the provision of assessments, reports, learning material, and consulting services are enabled by a single system or by a combination of the JVR electronic and online systems.

The core and most essential system developed to enable the JVR products and services, called OneJVR, is owned, maintained, and managed by the JVR Africa Group.

The OneJVR System

The purpose of OneJVR is to provide clients with access to a dynamic system that offers a choice of assessments, questionnaires, and surveys as well as a variety of reports, learning material, research, data management, and consulting capability. Ongoing enhancements on the system allow for ongoing compliance as well as expanded capability and innovative solutions to ensure optimal value to clients.

OneJVR can provide:

• A single log-on to a wide choice of scientifically validated assessments, reports, learning options, and professional services.

• An opportunity for organisations and their employees to gather, record, and report available assessment information (including psychometric and survey data) in a safe and central location.

• Users with the ability to create their own private and confidential workspaces (also referred to as portals) from where they can do HR evaluations, talent development, and track related data for purposes of business intelligence.

• An employee/applicant self-service through a web interface branded and customised to the needs of the client organisation.

• The capability to be integrated with other secure and compliant electronic and online systems thus allowing centralised access to more sources of information. Such integration could, for instance be with applicant tracking and talent management systems.

• The ability to deal with high-volume and international projects in a timeous and efficient manner.

• Availability 24/7 every day of the year, anywhere in the world, if there is internet access(please note below).

• A wide variety of single, combined, integrated, group, competency, benchmarking, and data reports from a variety of service providers/developed by JVR.

• Primarily English material but with access to some translations for assessments and services required for international work.

• The ability to build and maintain development plans, provide feedback to applicants and employees with e-feedback modules.

• An opportunity for industry relevant research, validation, benchmarking, and/or ROI.

• Ongoing attention to and continuously checked for compliance and best practice.

• In-person and knowledgeable guidance and support in using the OneJVR system and the products and services it offers are available from JVR Client Services (jvro_support@jvrafrica.co.za) or by phoning JVR’s Head Office at 27 11 781 3705/6/7 during office hours.

In essence, the OneJVR system supports end-to-end and automated solutions to clients, allowing for the centralisation of talent data and efficiency. Such automation and data collection can support work done with smaller or larger groups for selection or succession evaluations, talent development, coaching, team optimisation interventions, and talent analytics services or any other requirements.

Terms of Business: Operational Use of the OneJVR System

In General

• The JVR catalogue of all the assessments, questionnaires, surveys, reports, learning events, consulting- and research services available from JVR, also those available on OneJVR is published on the JVR website https://jvrafricagroup.co.za/

• Information regarding options and costs can be obtained by sending an inquiry to info@jvrafrica.co.za, visiting the JVR website (https://jvrafricagroup.co.za/), or phoning+27 11781 3705/6/7 during office hours.

The Processes of gaining access and being set up on OneJVR

• Several, but not all assessments, learning, and services on the OneJVR system are regarded by South African law, the HPCSA, and professional evaluation entities such as Assessments Standards South Africa (ASSA) as psychological in nature. Those regarded as psychological require prescribed academic qualifications, professional registration, appropriate experience, and, in some cases, certification training before access can be granted by JVR.

• Access to the OneJVR system follows the receipt of a request, screening, and a signed contract with clients.

• Accepted and registered users of OneJVR are provided with codes and passwords to access restricted pages on the platform and set up their personal workspace.

• Should more than one practitioner within a company, for instance, be trained on the relevant assessments or manage corporate projects, JVR can create a main platform for the company. A centralised platform can enable data consolidation and, in some cases, the generation of group reports.

• Users of OneJVR accept full responsibility for their use of the platform and agree not to share codes, passwords, or personal login details with third parties who do not have permission/qualifications for such access under any circumstances.

• Should additional users be granted access to the system, the responsible person accepts full ethical and professional responsibility for responsibly managing all personal, private, and confidential information as found in psychometric assessments and reports, consulting processes, and learning events. The primary owner of the workspace accepts it as their responsibility to remain in full adherence and compliance with the professional guidelines set by the Health Professions Council of South Africa (HPCSA) as well as all laws, regulations, and best practice such as the POPIA/GDPR.

• The registered practitioner managing the OneJVR account is fully responsible for ensuring that all content, material, assessments, and reports on the OneJVR system are handled honestly, securely, and with full respect and acknowledgement of the ownership of all intellectual property (IP).

• JVR cannot be held responsible for:
  a) any inaccurate biographical or other information provided by users. Incorrect or incomplete requests will delay the scoring process, and the 24-hour turnaround time applies only after correct information is confirmed.
  b) test takers completing the wrong assessments, registering for the wrong training courses, or not following consulting protocols. Registered users must ensure that the correct links for products and services are sent to end-users/test takers.
  c) the actions or compliance of administrators supporting the process of sending and receiving assessment links. Users must ensure that administrators follow relevant legislation, best practices, and JVR's stipulations of use.

Purchasing Credits

• Credits must be purchased to be able to use assessments and reports on OneJVR.

• Credits are valid for one calendar year from date of purchase. Expired credits cannot be refunded.

• A three per cent (3%) administrative fee will be applied where any client requires JVR to exchange one or more electronic credits for other credits. The costs will be calculated on the difference in price and an additional three per cent (3%) given the value of the new invoice.

• If the User has ordered, received, and paid for tokens/credits that are unused which they no longer wish to use, they are entitled to a refund of the purchase price minus an administrative fee, provided that they send a formal written request for such to JVR Client Services within 30-days of the token purchase (date of order received). The amount to be returned by JVR to the User will only be after 60 days to ensure all payments have been cleared by the bank and received by JVR.

• If the User has ordered, received, but not yet paid for tokens/credits that are unused and which they no longer wish to use, they are entitled to a credit note minus an administrative fee for the return of the unused tokens, provided they send a formal written request for such to JVR Client Services within 30-days of the token purchase (date of order received). JVR will clear the credits on the User portal and provide a credit note within 60 days of receiving the request.

• If the User formally writes to JVR Client Services and seeks to return and be credited for the purchase price of unused tokens/credits within 90 days from the date of their purchase, JVR will accept the request minus an administrative fee, but the credit, calculated at the price the User paid will only be for the purchase of similarly priced JVR product(s).

• After ninety (90) days the User may not return or exchange tokens/credits.

• JVR reserves the right to change the price of tokens/credits (i.e. the amount in legal currency required to purchase an individual token/credit) or the price in tokens/credits (i.e. the number of tokens/credits required to purchase a product) at any time.

• Should JVR’s business context, business model, business needs, partnerships, or practices migrate away from the use of tokens/credits, JVR reserves the right to discontinue and terminate the use of tokens.

• JVR cannot guarantee the ongoing availability of all assessments or specific report options given changing business needs or ownership of assessment owners or providers. JVR will, however, endeavour to provide alternative options when such circumstances arise.

• Any tokens held by Users in the event of a sudden discontinuation of tokens shall be converted to a credit toward the purchase of any JVR product of the same value at the time of the purchase of the token.

• JVR cannot accept the return of any credits or tokens if the deadline for the discontinuation of the associated assessment has passed.

Research and Data

Making sense of data is essential in current and future work environments. Talent data, if managed legally, ethically, and professionally can provide significant opportunities for scientific insight, evidence-based decision-making, and business intelligence to support corporate problem solving and efficiency. In this regard:

• Please refer to the JVR Policies on Data Security and Privacy (available on the JVR website or it can be obtained from the informationofficer@jvrafrica.co.za to understand how data is managed at JVR.

• Data is not only managed according to POPIA and GDPR best practice, but also in compliance with the ethical and professional principles of the HPCSA and other professional institutions such as the American Psychological Association (APA) and the British Psychological Society (BPS).

• It is a requirement that all who access and use OneJVR or other JVR platforms provide their consent for the information to be scored and kept for data collection and/or research purposes. Data is only used for the purposes specified in the consent form.

• The OneJVR and other electronic assessment scoring systems collect data based on the registration requirements of Users/Clients and the processing of assessments results.

• For data to be used for research, JVR has the responsibility and reserves the right to safely store depersonalised, anonymised, and aggregated data in its database.

• The internet is a global environment and by using the variety of JVR platforms and sending information to such sites electronically, clients consent to transborder and international transmission of personal information collected or processed through the JVR sites for the purposes of delivering the requested services. Data collected and received by JVR in connection with the delivery of assessments and services is securely transmitted and stored in South Africa, the United States, Australia, and Europe according to POPIA and GDPR best practice.

• The User also has access to their own data collected on their own specific domain or portal on the JVR system(s). Managing such data should always be done within the parameters of legislation, best practice in compliance with the POPIA, GDPR, and HPCSA’s ethical and professional principles of best practice. For this, the User takes absolute responsibility.

Invoicing

• Invoices will be issued for all assessments, reports, training events, and consulting processes generated, scored, published, and used.

• The User undertakes and agrees to keep their account (if such an account has been accepted and created) with JVR in good standing by settling all invoices due within 30-days from the date of the invoice.

• When the User of OneJVR is no longer employed by the company which paid for the assessment, consulting, or training services for whom assessments were done, or where there is an accompanying account, JVR needs to be informed. If not, the client will remain liable for the use of the administration scoring facility, the security and safety of all personal information, and the invoices from JVR.

• When a client’s professional registration has lapsed, JVR needs to be informed to ensure continued compliance. The client however remains liable for the use of the administration scoring facility, the security and safety of all personal information, and the invoices from JVR.

Support from JVR

• Where online user assessments scoring platforms are available, but clients still prefer to use JVR for the management of projects and related logistics, additional fees will be applicable. These fees are available on request from clientservices@jvrafrica.co.za.

• It cannot be assumed that JVR will automatically take responsibility for managing assessment, learning, consulting, research, technology enhancements, or other projects for clients. Should such services be required, it must be scoped, negotiated, priced, and contracted for.

• Except where JVR is specifically contracted to provide feedback to users/clients in such manner, it cannot be assumed that JVR employees must provide scored results, personal information, assessment results, biographical information, learning attendance or project progress, research outcomes, or data output over the phone or a summary of such in an email without all the relevant authority and permissions.

• Should the User Workspace not have an automated report generation option available and JVR is required to provide support, the registered users must negotiate timelines and costs with JVR.

• An accurate, complete, and final name list of their delegates/candidates/test takers need to be provided before any consulting, assessment, or learning service can be provided.

• For large scale or bulk assessment scoring, consulting, and training/learning projects, the client must inform JVR at least two weeks in advance to arrange JVR resources, negotiate the costs and timelines for project management, and set up the facilities for providing such products and services.

• JVR will charge an administrative fee for resending or regenerating reports. This fee is applicable if the client requests that a report is resent more than one month after the report generation.

• Users who require assessment or report results for people that they did not administer the assessment to, must contact JVR Client Services with such a request. JVR will not regenerate reports for another interested party without the express written and signed permission (informed consent) of both the original User and Test Taker.

• JVR will not send psychological reports directly to test takers.

• Please also note that:
  a) OneJVR allows the certified User to print a restricted range of answer sheets for the purpose of manual administration of a few JVR assessments. The User accepts the cost of printing as being for his/her own account.
  b) When original and printed/hard-copy answer sheets (printed material) are sent to JVR for software scoring purposes, they must be scanned and sent via email to clientservices@jvrafrica.co.za. All answer sheets must be legibly completed with all answers clearly marked. To ensure efficient service, clients are requested to confirm with the JVR Client Services team that the answer sheets have been received for scoring. The answer sheets and request for electronic report services must be accompanied by a full and accurate name list of all the candidates and full identifying details of the qualified and certified/accredited User.
  c) The User is expressly prohibited from copying, duplicating, creating derivatives of JVR materials, or JVR distributed materials in any manner and for any other purpose.
  d) Any copyright violations and other unauthorised reproduction of test material is not permitted, and it will not be accepted, processed, scored, or reported on by JVR.

Operational Terms of Business: JVR e-Learning and Development Platforms

JVR offers a wide variety of learning and development opportunities. These include a range of international and local Assessment Certifications, as well as Skills Development courses, webinars, learning lessons, CPD events, and more. These learning and development opportunities are available in a virtual/online, in-classroom, or blended format. Virtual training sessions may be offered on Microsoft Teams or Zoom, or any other platform proposed by the client. Other e-learning development options are available on additional platforms. Registration requirements, dates, duration, qualification thresholds, experience, examination requirements, methodology used, CPD provision, and costs may differ widely. For more detailed information please contact JVR by phoning +27 11 781 3705/6/7 during office hours or send an email to training@jvracademy.co.za.

Purpose of the JVR e-Learning Platforms

To provide:

• a trusted and secure learning platform where a variety of stand-alone e-learning courses can be deployed.

• a platform that supports JVR’s blended learning and development approach, i.e. where smaller learning units are posted in addition to virtual or in-class sessions.• delegates with self-directed, continuous e-learning and development opportunities.

• an interactive learning system that contributes to active participation in the learning process (e.g. quizzes, videos, chat communities, gamification).

• clients/organisations with learning and development analytics that give insights into the impact and application of the learning in the workplace.

Usage of the JVR e-Learning Platform(s)

The following provides the Terms of Business regarding the use and implementation of online and other electronic and technical learning opportunities. Please also refer to the other JVR Terms of Business documents as well as the terms fully mentioned in this specific Terms of Business document.

• Registration, Confirmation, and Participation
  All learning events are triggered by the registration of delegates for specific events. It is the responsibility of each delegate to provide full and accurate information on the electronic JVR registration form to ensure the efficient processing of their registration.
  
  Delegates must ensure that they have received confirmation from JVR regarding their registration before the event.
  
  It is expected that for in-person virtual sessions, delegates will arrive timeously, attend the full event, participate actively throughout, and fulfil all other criteria required for the specific course. This includes all the relevant e-learning components on the learning platforms.

• Examinations, Assessments, or Questionnaires
  The assessments and examinations relevant to some of the learning programmes must be completed with honesty and in full by the individual themself in a quiet and private environment. There may not be assistance by any other parties when completing any of the assessments, questionnaires, examinations, or tests.

• Content and Ownership
  All the content on the platforms is considered as the intellectual property of JVR or contractually managed by JVR and may not be reproduced, recorded, filmed, downloaded, and/or in any other way used to create copies or derivatives or for any other purpose.