VIRTUALNUMBER PROTECTION OF PERSONAL INFORMATION ACT (POPIA) AGREEMENT
This Protection of Personal Information Act (POPIA) Agreement (“Agreement”) is made and entered into by and between:
VirtualNumber Pty Ltd
(Hereinafter referred to as “the Company”)
and
[Name of Client/Customer/Employee/Contractor]
(Hereinafter referred to as “the Data Subject” as entered on the online order.
Effective Date: Date of online order
1. PURPOSE
The purpose of this Agreement is to ensure that VirtualNumber complies with the Protection of Personal Information Act 4 of 2013 (POPIA) in relation to the processing of personal information of the Data Subject.
2. DEFINITIONS
For the purposes of this Agreement, the following terms shall have the meanings assigned to them:
2.1. “Personal Information” means information relating to an identifiable, living natural person, and where it is applicable, an identifiable, existing juristic person.
2.2. “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including:
- Collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use;
- Dissemination by means of transmission, distribution or making available in any other form; or
- Merging, linking, as well as restriction, degradation, erasure, or destruction of information.
3. PROCESSING OF PERSONAL INFORMATION
3.1. The Company shall ensure that the personal information of the Data Subject is processed in a lawful and reasonable manner that does not infringe the privacy of the Data Subject.
3.2. The Company shall process personal information only for specific, explicitly defined, and legitimate purposes related to the Company’s business activities.
3.3. The Company shall ensure that the processing of personal information is adequate, relevant, and not excessive given the purpose for which it is processed.
4. RIGHTS OF THE DATA SUBJECT
4.1. The Data Subject has the right to be notified that personal information about them is being collected.
4.2. The Data Subject has the right to access their personal information held by the Company.
4.3. The Data Subject has the right to request the correction, destruction, or deletion of their personal information.
4.4. The Data Subject has the right to object to the processing of personal information in certain circumstances.
5. SECURITY SAFEGUARDS
5.1. The Company shall secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organizational measures to prevent:
- Loss of, damage to, or unauthorized destruction of personal information; and
- Unlawful access to or processing of personal information.
5.2. The Company shall ensure that any third-party service providers who process personal information on behalf of the Company adhere to similar security measures.
6. RETENTION AND DELETION
6.1. The Company shall retain personal information only for as long as it is necessary to fulfill the purposes for which it was collected or as required by law.
6.2. The Company shall ensure the secure deletion or destruction of personal information once it is no longer needed for the purpose it was collected.
7. DATA BREACHES
7.1. In the event of a data breach, the Company shall notify the Information Regulator and the Data Subject as soon as reasonably possible after becoming aware of such a breach.
7.2. The notification shall provide sufficient information to allow the Data Subject to take protective measures against the potential consequences of the breach.
8. AMENDMENTS
This Agreement may be amended from time to time to reflect changes in legislation or the Company’s data protection practices. The Company shall notify the Data Subject of any amendments.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of [Country/State], and any disputes arising under this Agreement shall be resolved in the competent courts of [Country/State].
10. ACKNOWLEDGEMENT
By signing below, the Data Subject acknowledges that they have read, understood, and agree to the terms of this Agreement.
VirtualNumber