Established in terms of the Companies Act 71 of 2008, registration number 2008/005139/07, herein duly represented by Madiba Madibana in his capacity as Managing Director (duly authorised thereto by company resolution), hereinafter referred to as Madibana SA.
Who hereby declares and confirms that, as the person entrusted with the personal information of Madibana SA together with various clients, customers and other stakeholders of Madibana SA (hereinafter referred to as Madibana SA clients), they hereby irrevocably agree and understand that any and all information supplied or given to the Service Provider / Sub-Contractor / Employee / Consultant is done so in terms of the below terms and conditions of this Undertaking and Consent Declaration.
1. The Service Provider / Sub-Contractor / Employee / Consultant is committed to complying with all applicable regulatory requirements related to the collection and processing of personal information as defined in the POPI legislation and regulations, including compliance with the following principles:
a. To maintain and develop reasonable protective measures against risks such as loss, unauthorised access, destruction, use, alteration or revelation of personal information.
b. To uphold the requirements of the POPI legislation in accordance with the provisions of accountability as set out in section 8 of the POPI Act.
c. To maintain an approach of transparency of operational procedures that controls collection and processing of personal information in accordance with the provisions of openness as set out in sections 17 to 18 of the POPI Act.
d. To collect personal information in a legal and reasonable way in accordance with the processing limitation provisions in sections 9 to 12 of the POPI Act.
e. To process the personal information obtained from clients only for the purpose for which it was obtained in the first instance, in accordance with the further processing limitation provisions in section 15 of the POPI Act.
f. To process personal information obtained from Madibana SA and its clients in a manner which will not be insensitive or unlawful and in a way that will not intrude on the privacy of Madibana SA clients.
g. Not to request or process information related to race, religion, medical situation, political preference, trade union membership, sexual orientation or criminal record.
h. Not to process information of juveniles.
i. Not to provide any documentation to a third party or another service provider without the consent of Madibana SA and its clients, customers and other stakeholders, except where it is necessary for the proper execution of the service by the Service Provider.
j. To keep effective record of personal information and not to retain information for a period longer than is required for its original use, and to ensure that it will be disposed of at the end of the retention period in such a way that it cannot be reconstructed.
k. To secure the integrity and confidentiality of personal information in its possession in accordance with the security safeguards provisions in sections 19 and 22 of the POPI Act.
2. The Service Provider / Sub-Contractor / Employee / Consultant acknowledges and confirms that, for the purposes of this Undertaking and Declaration, unless the context indicates otherwise, the below defined words shall mean:
a. „Agreement“ is this undertaking and declaration contained in this document.
b. „Confidential Information“ includes, but is not limited to:
i. Any information in respect of know-how, formulae, processes, systems, business methods, marketing methods, promotional plans, financial models, inventions, long-term plans and any other information of Madibana SA and Madibana SA clients, in whatever form it may be.
ii. All internal control systems of Madibana SA and Madibana SA clients.
iii. Details of the financial structure and any other financial or operational information of Madibana SA and Madibana SA clients.
iv. Any business arrangements of whatsoever nature, all of which Madibana SA and its clients, customers and other stakeholders regard as secret and confidential.
c. „Personal information“ means personal information as defined in the POPI Act legislation and includes, but is not limited to:
i. Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person.
ii. Information relating to the education or the medical, financial, criminal or employment history of the person.
iii. Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person.
iv. The biometric information of the person.
v. The personal opinions, views or preferences of the person.
vi. Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature, or further correspondence that would reveal the contents of the original correspondence.
vii. The views or opinions of another individual about the person.
viii. The name of the person if it appears with other personal information relating to the person, or if the disclosure of the name itself would reveal information about the person.
d. „Processing“ means any operation or activity or any set of operations, whether or not by automatic means, concerning personal or any information, including but not limited to:
i. The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use.
ii. Dissemination by means of transmission, distribution or making available in any other form.
iii. Merging, linking, as well as restriction, degradation, erasure or destruction of information.
e. „POPI“ means the Protection of Personal Information Act 4 of 2013, as amended from time to time.
3. The Service Provider / Sub-Contractor / Employee / Consultant declares that, by its signature hereunder, it irrevocably agrees to abide by the terms and conditions as set out in this Agreement.
4. Neither party is bound by any representation, warranty, undertaking, promise or the like not recorded in this Agreement.
5. This Agreement constitutes the entire agreement between the parties, who acknowledge that there are no other oral or written understandings or agreements between them relating to the subject matter of this Agreement. No amendment, consensual cancellation or other modification of this Agreement, including this provision, shall be valid or binding on a party hereto unless reduced to writing and executed by both parties hereto.
6. Any indulgence which a party may show to the other in terms of or pursuant to the provisions contained in this Agreement does not constitute a waiver of any rights of the party which granted such indulgence.
7. Neither party, nor a provisional liquidator, liquidator, provisional judicial manager or judicial manager of any party, may cede any of its rights or delegate any of its obligations under this Agreement.
8. The parties shall not be liable to each other for any consequential or indirect damage suffered by a party.
Madibana SA Management
