Common use of Personal Information Processing Clause in Contracts

Personal Information Processing. a) If the Application processes Personal Information, the Company agrees to process the User’s Personal Information to which these Terms and Conditions apply and in particular agrees that it shall: i) Process the Personal Information at all times in accordance with the South African Protection of Personal Information Act, No. 4 of 2013, (“the POPI Act”) and solely for the purposes of these Terms and Conditions, and for no other purpose or in any manner except with the express prior written consent of the User; ii) in a manner consistent with the POPI Act, implement appropriate technical and organisational measures to safeguard the Personal Information from unauthorised or unlawful processing or accidental loss, destruction or damage, and that having regard to the state of technological development and the cost of implementing any measures, such measures shall ensure a level of security appropriate to the harm that might result from unauthorised or unlawful processing or accidental loss, destruction or damage; iii) ensure that each of its employees, agents and subcontractors are made aware of and are trained in, its obligations under these Terms and Conditions with regard to the security, handling and protection of the Personal Information; iv) not divulge the Personal Information whether directly or indirectly to any person, firm or company or otherwise without the express prior written consent of the User except to those of its employees, agents and subcontractors who are engaged in the processing of the data. b) The Company will comply with any legitimate request from the User to amend, transfer or delete Personal Information. c) If the Company receives any complaint, notice or communication which relates directly or indirectly to the processing of the Personal Information, the Company shall provide the User with full co- operation and assistance in relation to any complaints, notices or communications. In particular the Company will: i) not process or transfer the Personal Information outside of the Republic of South Africa except with the express prior written authority of the User; and ii) allow its data processing facilities, procedures and documentation to be submitted for scrutiny by the User or its representatives, where warranted, in order to ascertain compliance with these Terms and Conditions.