Common use of INFORMATION PROCESSING Clause in Contracts

INFORMATION PROCESSING. 4.1. In the provision of the Services and/or Products, the SUPPLIER may engage in the processing of personal information. 4.2. The CUSTOMER’S attention is drawn to the Protection of Personal Information Act 4 of 2013 (POPI). POPI aims to promote the protection of personal information by private and public bodies and provide for minimum conditions that should be followed in the lawful processing of information. 4.3. The CUSTOMER, its attention having been drawn to POPI, warrants that it is familiar with POPI and the meaning of terms defined in POPI. Terms contained in this clause 4 (capitalized or otherwise) shall, unless otherwise defined, bear the meaning assigned to them in POPI. 4.4. The CUSTOMER expressly consents to the SUPPLIER collecting and processing its personal information and/or special personal information for the purposes of conducting the SUPPLIER’S business, the implementation of this Agreement, and purposes reasonably related and ancillary thereto (the Described Uses). 4.5. The CUSTOMER expressly consents to the SUPPLIER: 4.5.1. processing and further processing its personal information and/or special personal information, including collecting, recording, organising, disseminating, and making the personal information and/or special personal information available, for the Described Uses; 4.5.2. collecting its personal information and/or special personal information directly from the CUSTOMER and/or from any other source; 4.5.3. retaining records of its personal information and/or special personal information for so long as the SUPPLIER deems it necessary in its sole discretion; 4.5.4. giving its personal information and/or special personal to any person who provides services to the SUPPLIER or acts as a third party vendor or to whom the SUPPLIER has transferred or proposes to transfer any of its rights and duties as contained in this Agreement; and 4.5.5. sharing personal information with the SUPPLIER service providers, as necessary. 4.6. The CUSTOMER recognises that the SUPPLIER forms part of the Group, and that other entities within the Group may have access to the personal information and/or special personal information. The CUSTOMER consents the provisions of this clause 4 applying mutatis mutandis to any other member of the Group. 4.7. The CUSTOMER accepts the contents of this clause 4 as adequate notification of the collection and processing of the personal information and the special personal information by the SUPPLIER and, insofar as it is necessary, consents to the SUPPLIER failing to provide full notification in terms of section 18 of POPI, which consent is permitted in terms of section 18(4) of POPI. 4.8. The CUSTOMER acknowledges that: 4.8.1. the SUPPLIER will at all times remain responsible for determining the purpose of and means of processing the CUSTOMER’S personal information; 4.8.2. the SUPPLIER is required by various laws, including FICA, to collect some of the CUSTOMER’S personal information; and 4.8.3. it gives the SUPPLIER its personal information voluntarily. 4.9. The CUSTOMER warrants and undertakes that: 4.9.1. it will comply with all of the provisions of POPI in the processing of any personal information of third parties; 4.9.2. without limiting the generality of the aforegoing, it will: 4.9.2.1. secure the integrity and confidentiality of any third-party personal information, obtained by it, by taking appropriate technical and organisational measures to prevent: 4.9.2.2. loss, damage to or unauthorised destruction of personal information; and 4.9.2.3. unlawful access to or processing of personal information; 4.9.2.4. have due regard to generally accepted information security practices and procedures; 4.9.2.5. process and/or make use of personal information strictly within the ambit of consent provided by the person to who the personal information relates; and 4.9.2.6. process personal information in a reasonable manner that does not infringe the privacy of any individual; and 4.9.2.7. any third-party personal information provided by the CUSTOMER to the SUPPLIER, for the purposes of this Agreement or otherwise, is or will be lawfully obtained, lawfully processed, and lawfully provided to the SUPPLIER.

INFORMATION PROCESSING. 4.1. In the provision of the Services and/or Products, the SUPPLIER may engage in the processing of personal information. 4.2. The CUSTOMER’S attention is drawn to the Protection of Personal Information Act 4 of 2013 (POPI)POPI).- 4.3. POPI aims to promote the protection of personal information by private and public bodies and provide for minimum conditions that should be followed in the lawful processing of information. 4.34.4. The CUSTOMER, its attention having been drawn to POPI, warrants that it is familiar with POPI and the meaning of terms defined in POPI. Terms contained in this clause 4 (capitalized or otherwise) shall, unless otherwise defined, bear the meaning assigned to them in POPI. 4.44.5. The CUSTOMER expressly consents to the SUPPLIER collecting and processing its its 4.6. personal information and/or special personal information for the purposes of conducting the SUPPLIER’S business, the implementation of this Agreement, and purposes reasonably related and ancillary thereto (the Described Uses). 4.54.7. The CUSTOMER expressly consents to the SUPPLIER: 4.5.14.7.1. processing and further processing its personal information and/or special personal information, including collecting, recording, organising, disseminating, and making the personal information and/or special personal information available, for the Described Uses; 4.5.24.7.2. collecting its personal information and/or special personal information directly from the CUSTOMER and/or from any other source; 4.5.34.7.3. retaining records of its personal information and/or special personal information for so long as the SUPPLIER deems it necessary in its sole discretion; 4.5.44.7.4. giving its personal information and/or special personal to any person who provides services to the SUPPLIER or acts as a third party vendor or to whom the SUPPLIER has transferred or proposes to transfer any of its rights and duties as contained in this Agreement; and 4.5.54.7.5. sharing personal information with the SUPPLIER service providers, as necessary. 4.64.8. The CUSTOMER recognises that the SUPPLIER forms part of the Group, and that other entities within the Group may have access to the personal information and/or special personal information. The CUSTOMER consents the provisions of this clause 4 applying mutatis mutandis to any other member of the Group. 4.74.9. The CUSTOMER accepts the contents of this clause 4 as adequate notification of the collection and processing of the personal information and the special personal information by the SUPPLIER and, insofar as it is necessary, consents to the SUPPLIER failing to provide full notification in terms of section 18 of POPI, which consent is permitted in terms of section 18(4) of POPI. 4.84.10. The CUSTOMER acknowledges that: 4.8.14.10.1. the SUPPLIER will at all times remain responsible for determining the purpose of and means of processing the CUSTOMER’S personal information; 4.8.24.10.2. the SUPPLIER is required by various laws, including FICA, to collect some of the CUSTOMER’S personal information; and 4.8.34.10.3. it gives the SUPPLIER its personal information voluntarily. 4.94.11. The CUSTOMER warrants and undertakes that: 4.9.14.11.1. it will comply with all of the provisions of POPI in the processing of any personal information of third parties; 4.9.24.11.2. without limiting the generality of the aforegoing, it will: 4.9.2.14.11.2.1. secure the integrity and confidentiality of any third-party personal information, obtained by it, by taking appropriate technical and organisational measures to prevent: 4.9.2.24.11.2.2. loss, damage to or unauthorised destruction of personal information; and 4.9.2.34.11.2.3. unlawful access to or processing of personal information; 4.9.2.44.11.2.4. have due regard to generally accepted information security practices and procedures; 4.9.2.54.11.2.5. process and/or make use of personal information strictly within the ambit of consent provided by the person to who the personal information relates; and 4.9.2.64.11.2.6. process personal information in a reasonable manner that does not infringe the privacy of any individual; and 4.9.2.74.11.2.7. any third-party personal information provided by the CUSTOMER to the SUPPLIER, for the purposes of this Agreement or otherwise, is or will be lawfully obtained, lawfully processed, and lawfully provided to the SUPPLIER.