Personal Information" (Pl) shall mean the race, gender, sex, pregnancy, marital status, national or ethnic origin, colour, sexual orientation, age, physical or mental health, disability, religion, conscience, belief, culture, language and birth of a person; information relating to the education or the medical, financial, criminal or employment history of the person; any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person; the biometric information of the person; the personal opinions, views or preferences of the person; 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; the views or opinions of another individual about the person whether the information is recorded electronically or otherwise.
"POPIA" shall mean the Protection of Personal Information Act 4 of 2013 as amended from time to time.
The parties acknowledge that for the purposes of this agreement that the parties may come into contact with, or have access to Pl and other information that may be classified, or deemed as private or confidential and for which the other party is responsible. Such Pl may also be deemed or considered as private and confidential as it relates to any third party who may be directly or indirectly associated with this agreement. Further, it is acknowledged and agreed by the parties that they have the necessary consent to share or disclose the Pl and that the information may have value.
The parties agree that they will at all times comply with POPIA's Regulations and Codes of Conduct and that it shall only collect, use and process Pl it comes into contact with pursuant to this agreement in a lawful manner, and only to the extend extent required to execute the services, or to provide the goods and to perform their respective obligations in terms of this agreement.
The parties agree that it shall put in place, and at all times maintain, appropriate physical, technological and contractual security measures to ensure the protection and confidentiality of Pl that it, or its employees, its contractors or other authorised individuals comes into contact with pursuant to this agreement.
Unless so required by law, the parties agree that it shall not disclose any Pl as defined in POPIA to any third party without the prior written consent of the other party, and notwithstanding anything to the contrary contained herein, shall any party in no manner whatsoever transfer any Pl out of the Republic of South Africa.