i-RAMS POPIA AND PRIVACY TERMS AND CONDITIONS

1. Definitions

In relation to these Terms and Conditions, these words shall be ascribed the following meanings:

• “AGREEMENT” means these Terms and Conditions.
• “PARTIES” collectively means the parties to this Agreement (the platform owner and You).
• “PERSONAL INFORMATION” means information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, including, but not limited to:
  • Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language, and birth of the person.
  • Information relating to the education, medical, financial, criminal or employment history of the person.
  • Any identifying number, symbol, e-mail 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.
  • 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 the person.
• “PLATFORM OWNER” means the owner of the platform or any of its affiliates. “Company”, “Us”, “We”, “Our”, “Ours” and other first-person pronouns will refer to the platform owner, as well as its employees.
• “POPIA” means the Protection of Personal Information Act adopted by the Republic of South Africa on 26 November 2016 and as amended from time to time.
• “YOU” means You, referred to throughout the Agreement with second-person pronouns such as “You”, “Your”, “Yours” or as “Data Subject”.

2. Acceptance of Terms and Conditions

By attesting to this agreement, You hereby declare and confirm that You, as the entity/body/individual/person who is providing information irrevocably agree and understand that all information supplied herein to the platform owner is done in terms of the below terms and conditions. This Agreement constitutes a legally binding contract between You and the platform owner. The current version of Agreement, as updated from time to time, shall govern our respective rights and obligations each time You provide the platform owner with information.

3. Data Subject Warranties

3.1 You, the Data Subject, warrant the following:

• 3.1.1 All Personal Information provided to the platform owner is true, current, and complete;
• 3.1.2 You will ensure the accuracy of the Personal Information provided and update it if necessary;
• 3.1.3 You will abide by this Agreement and agree to Your Personal Information being used for the permitted purpose;
• 3.1.4 You acknowledge that You are voluntarily providing Your Personal Information.

4. Permitted Use

• 4.1 At all times, the platform owner shall comply with the POPIA regulations and process all Personal Information in respect of the services being provided or for the purposes agreed upon by the respective Parties.
• 4.2 By providing the platform owner Your Personal Information, You agree to the storage, use, and processing of Your Personal Information by the platform owner for the agreed-upon business or lawful purpose.
• 4.3 The platform owner shall only use Your Personal Information to appropriately process Your requests and present You with the services You need to access.

5. Privacy Laws

• 5.1 The platform owner ensures the privacy and confidentiality of Your Personal Information. The platform owner employs standard industry measures to protect unauthorized access.
• 5.2 Personal Information will only be processed for the purpose it was provided and, if processed, only when necessary, relevant, and not excessive.
• 5.3 Personal Information will not be shared without permission, except as required by law.
• 5.4 The platform owner will share Your information with regulatory authorities if required by law or a court order.
• 5.5 All Personal Information is protected according to POPIA, and is accessible upon request. Personal Information will be saved as per the retention policy and destroyed thereafter.

6. Modification & Variation

The platform owner may modify these Terms and Conditions at any time without notice. Modifications are in effect immediately and replace prior versions.

7. Entire Agreement

This Agreement, as updated, constitutes the entire agreement regarding Personal Information collection, use, and storage, superseding all prior agreements.

8. Termination & Suspension

You may terminate this Agreement at any time by rescinding Your consent. Provisions expected to survive termination will remain effective.

9. General Provisions

• LANGUAGE: All communications will be in English.
• JURISDICTION: South African law will govern any dispute, except its conflict of law provisions.
• ARBITRATION: Disputes will be resolved through binding arbitration conducted by the Arbitration Foundation of South Africa, Sandton, Gauteng, South Africa.
• ASSIGNMENT: This Agreement cannot be transferred by You; The platform owner’s rights and liabilities will bind successors.
• SEVERABILITY: Invalid parts of this Agreement will not affect the enforceability of remaining parts.
• NO WAIVER: The platform owner’s failure to enforce any provision does not constitute a waiver of future enforcement.
• HEADINGS FOR CONVENIENCE ONLY: Headings are for convenience and do not affect interpretation.
• FORCE MAJEURE: The platform owner is not liable for failures due to unforeseen events beyond its control.

10. Point of Contact

Should You have any inquiries or seek any assistance with reference to this Agreement or have a privacy related issue, contact support@iramscloud.com.