Clip-Lok Simpak South Africa (Pty) Ltd, Registration number 2005/026143/07 (‘the Company’) is committed to compliance with the Protection of Personal Information Act No 4 2013 (‘POPIA’).
In this agreement the following words bear the meanings associated with them below:
“Personal Information” means information relating to an identifiable, living, natural person, including:
- Financial information related to a person, including information provided by the Customer, or information obtained from a Credit Bureaux or from CIPC (the Companies and Intellectual Property Commission)
- 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 that person.
- Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person.
“Data Subject” means each director of the Customer and each shareholder of the Company that is a natural person.
In the course of the Company’s customer verification and credit vetting processes, the Company will collect and process Personal Information related to Data Subjects.
The Company is committed to ensuring that any processing of Personal Information related to Data Subjects is limited to the express purposes of opening and management of an account for the Customer and that such processing is compliant with POPIA.
IT IS HEREBY AGREED THAT:
- The Customer consents to the Company:
- Performing a credit search on the Customer’s record, as well as the record of the Data Subjects, with one or more of the registered Credit Bureau when assessing the Customer’s application for Credit (and at any other time in the Company’s discretion);
- Recording the existence of the Customer’s account with any credit Bureau and / or
- Recording and transmitting details of how the Customer has performed, and how the account is conducted by the Customer in meeting its obligations on the account.
- The Customer consents to the collection, processing and storage of Personal Information by the Company related to Data Subjects, for the purpose of both the opening and ongoing management of a customer account.
- The customer acknowledges and agrees that any information regarding its credit worthiness, defaults in payment to the Company, and details of its account with the Company is conducted may be disclosed to any other creditor of the Customer or any registered Credit Bureau after twenty one days’ notice having been given to the Customer.
- The Customer warrants and represents that:
- It has concluded a contract with each Data Subject; and that in terms of such contract, the Customer has obtained the consent from such person to the processing of Personal Information by suppliers in the credit vetting process; and
- The processing of Personal Information by the Company is necessary for the legitimate interests of the Company in the Company’s credit vetting process.
- The Customer undertakes to immediately advise the Company of any changes to the relevant Personal Information of a Data Subject, but not limited to, a change of ownership or control in the Customer.
- The Customer warrants that all Personal Information supplied to the Company is accurate, up to date, is not misleading and that it is complete in all respects.
- The Company undertakes:
- To act in accordance with POPIA in relation to the collection, processing and storing of Personal Information related to the Customer, The processing of Personal Information by the Company will be limited to the purposes set out herein and will not be excessive;
- Not to disclose the Customer’s personal information unless it is legally or contractually required or for its legitimate business purposes; and
- To use reasonable efforts in order to ensure that personal information related to Data Subjects in its possession or processed on its behalf is:
- Stored in a secure manner;
- Kept confidential; and
- Processed in terms of the provisions of POPIA, and , for the purposes for which the Company has been authorized;
- To take reasonable steps to ensure that the Customer is notified in the event of a breach of the confidentiality of the Customers Personal Information.
- To take reasonable steps to identify risks associated with the processing of the Customer’s information and establish safeguards against any such identified risks.
- The customer has a right to lodge a compliant with the information Regulator if the Customer is of the view that its reights in terms of POPIA have been breached. The contact details of the information regulator are:
- 33 Hoofd Street Forum II, 3rd Floor Braampark, Johannesburg, 2001
- Email: complaints.IR@justice.gov.za / email@example.com
- Telephone: 012 406 4818