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1. Franchise Buster (“We”) is committed to protecting and promoting the constitutional right to privacy of its customers to fulfill its obligations under the Protection of Personal Information Act no 4 of 2013 (“POPI”) and other local and international legislation.
2. This Declaration is an explicit statement and brief overview of our commitment to protect personal information and comply with the provisions of POPI. It is an integral part of our Privacy Terms.
3. In this light we bring the following to your attention:
3.1 Whether you are an active customer or inactive customer (“Customer”), we shall retain all accounting records, and all files and documents relating to sales dealt with by Franchise Buster at no place other than its main office, a branch office or, in the case of electronic accounting records or files, the location at which such accounting records or files are ordinarily hosted;
3.2 Records, by virtue of their nature, include Personal Information which is summarily defined in POPI as information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to: the views or opinions of another individual about the person. Franchise Buster therefore collects, processes, and stores Personal Information for the following purposes (which is not an exhaustive list):
a. Financial Intelligence Centre Act 38 of 2001 (FICA) compliance;
b. Conducting its business to the extend necessary to fulfill its duties.
3.3 Franchise Buster shall either collect Personal Information directly from the Client or from publicly accessible platforms and agencies;
3.4 You acknowledge, accept and consent to the processing of your personal information for any purpose relating to the administration, management and operations of Franchise Buster legitimate business purposes.
3.5 It may be necessary for Franchise Buster to transfer Personal Information to a third parties outside of South Africa. In the event of such cross-border transfer, Franchise Buster shall take reasonable steps to ensure that it shall ensure that the third party has implemented the appropriate technical and organizational security measures as envisaged in POPI;
3.6 Franchise Buster undertakes not to disclose Personal Information of the other unless it is legally or contractually required or for its legitimate business purposes; shall use all reasonable efforts to ensure that Personal Information in its possession or processed on its behalf is kept confidential, stored in a secure manner and processed in terms of POPI; shall take all reasonable steps to identify risk associated with the processing of the Personal Information and establish safeguards against all reasonably foreseeable risks; shall immediately notify the other should there be a breach or potential breach or a threat of a breach of the confidentiality of the Personal Information of the other party.
4. ACCEPTANCE: By providing us with the Personal Information which we require from you:
4.1 You acknowledge that you understand why your Personal Information needs to be processed;
4.2 You accept the terms which will apply to such processing, including the terms applicable to the transfer of such Personal Information cross border;
4.3 Where consent is required for any processing as reflected in the Privacy Terms, you agree, by way of providing us with your Personal Information, that we may process this particular personal information;
4.4 Where you provide us with another person’s personal information for processing, you confirm and warrant that that you have obtained the required permission from such person(s) to provide us with their personal information for processing and indemnify and hold us harmless against any liability or loss which may be incurred by us or our employees as a result of any breach of such warranty.