Below you can find our network's terms & conditions
Below you can find our network's terms & conditions
WEBSITE DESIGN & HOSTING
1) SA Web Worx (SA Web Worx) terms and conditions cover web site design and services that provide (and/or include) internet services, including but not limited to hosting services (data/content hosting, server hosting, web hosting and e-mail services). The design and set up of the web site will be known as a project, which will commence on payment of the invoice and be completed within an agreed time frame, all other services will be charged on a case by case basis. Please note that although the commencement of the actual project can only be scheduled once we have all the relevant information, the non-refundable payment of the invoice ensures that the project takes the appropriate priority and covers the necessary preliminary work and resource deployment within the organization. The term within reason will be decided on a project by project basis by SA Web Worx unless otherwise agreed in writing.
1.1) Design Credit and Marketing
A link to SA Web Worx will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% (ten percent) of the total development charges will be applied. When total development charges are less than R5000.00 (five thousand Rand and nil cents), a fixed fee of R999.00 (nine hundred and ninety nine rand and nil cents) will be applied.
The Client agrees that the website developed for the Client may be presented in SA Web Worx portfolio, and hereby grants SA Web Worx a worldwide, perpetual, non-exclusive license to use the client’s name, logo and branding for advertising, marketing and promotional activities.
2) SA Web Worx reserves the right to alter and adapt its terms and conditions as and when circumstances deem it appropriate to do
3) Whilst SA Web Worx will apply every reasonable effort to ensure search engine optimization, SA Web Worx cannot be held responsible for any decline and or alteration that may occur in third party search engine optimization ratings nor can search positions be guaranteed
4) Acceptance of these terms and conditions means that the client and or customer (the client) will
4.1) Adhere to and comply with South African and, where applicable, international, legislation and regulations
4.2) Take responsibility for their own users where appropriate and applicable
4.3) Not engage in any and all Activities, which;
4.3.1) are unlawful, incitement to commit criminal acts, harmful to, interferes with the use of SA Web Worx network or systems, and or the network of any other provider
4.3.2) interferes with the use or enjoyment of services received by others
4.3.3) infringes on any and all intellectual property rights
4.4.4) constitutes abuse, a security risk and or a violation of privacy
4.4.5) results in the publication of material which is, threatening, offensive, harmful, obscene, discriminatory, defamatory and or hate speech
4.4.6) are pornographic, are satanic, promote violence and or promote anti-social behavior
5) The client is responsible for the project specifications AS PER THE OFFER PROMOTION and to pay the invoice upon receipt thereof, which is not refundable.
6) Payment of the invoice will constitute acceptance of the terms and conditions as set out herewith.
SA WEB WORX UNDERTAKING
7) On the initial set up of web design, extra charges can be charged for redesigns at our (SA Web Worx discretion) and changes exceeding two changes can be charged at (SA Web Worx discretion). SA Web Worx require the client to provide all the information that is necessary to complete the web site within 7 (seven) working days from the scheduled start date failing which the start date will have to be re scheduled and the client advised accordingly, the performance of SA Web Worx to complete the project to the client’s satisfaction is subject to the cooperation of the client at all times. Note that alterations, changes and or retyping of images, photos, information whichever is applicable will be done in two sets only, any further changes and or redesigns will be regarded as a new project and a fee will be quoted.
8) SA Web Worx cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections
9) SA Web Worx will apply every reasonable effort to ensure that the completed project will perform well in current major browsers, but cannot guarantee backward compatibility (i.e. functionality on older devices and software)
CLIENT INPUT AND COPYRIGHT
10) Required documentation refers to any and all information necessary for the timeous commencement and delivery of the project by SA Web Worx. Note that alterations, changes and or retyping of images, photos, information whichever is applicable will be done within reason.
11) The Client is to provide all Required Documentation electronically to SA Web Worx to initiate work on the project. Note that alterations, changes and or retyping of images, photos, information whichever is applicable will be done within reason.
12) If the Client has not submitted or provided all the Required Documentation within 30 (Thirty) calendar days from Invoice date, the project will be cancelled.
13) The Client has to ensure that they have the Copyright for all material supplied and used
14) SA Web Worx independent contractors, affiliates, agents, agencies or any associates involved in a Client’s project will not be liable or held responsible for any Copyright disputes.
15) If and when SA Web Worx are informed that material was provided by the client without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
16) SA Web Worx does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever
17) The Client shall supply all content wording to be published in accordance with the specified project unless otherwise agreed to. Note that alterations, changes and or retyping of images, photos, information whichever is applicable will be done within reason.
18) The Client shall supply all Graphic Images to be published in accordance with the specified project unless otherwise agreed to. Note that alterations, changes and or retyping of images, photos, information whichever is applicable will be done within reason.
19) Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. Note that alterations, changes and or retyping of images, photos, information whichever is applicable will be done within reason.
20) Photographs supplied by the Client must be of high digital quality and applicable format. Note that alterations, changes and or retyping of images, photos, information whichever is applicable will be done within reason.
PAYMENT AND HOSTING
21) Hosting via SA Web Worx allows for allocated disk space limited to the Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid upon receipt of invoice. The SA Web Worx hosting facility does not allow the use of bulk and /or unsolicited emailing.
21.1) The hosting fee only covers the maintenance of the server upon which the web site resides, it does not cover any change or update to the actual web site.
22) Monthly Hosting & Yearly Domain Fees must be paid upon receipt of invoice
23) Payments not received will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
24) A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
25) Hosting fees not received for 2 consecutive invoices irrevocably terminates the linked website and associated e-mail accounts with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
26) SA Web Worx reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions
27) Hosting cancellations are only accepted via e-mail to email@example.com on or before the 1st of the new month as it carries a calendar month notice period.
28) All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with SA Web Worx, thus enabling release to transfer to a Third Party Hosting Service Provider.
29) The Client has to provide SA Web Worx with their Cpanel, FTP and database details to upload onto the SA Web Worx software.
30) If the Client uses a Third Party Service Provider on SA Web Worx’s recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
31) SA Web Worx will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as SA Web Worx does not have control over the status of hosting, domain renewals or e-mail when not hosted with SA Web Worx.
32) All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
33) SA Web Worx will however assist the Client upon request with Third Party Hosting Service Provider(s). The time involved may be billed to the Client at the discretion of SA Web Worx.
34) On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, by e-mail. SA Web Worx reserves the right to levy a hosting charge within reason when the client fails to authorize and expedite the hand over process upon completion of the web site to the clients satisfaction
35) However the Client’s actual website will not be affected as SA Web Worx does all its work on a remote basis
36) Before the project is scheduled for completion the Client is required to e-mail the Proof of Payment to SA Web Worx, which will be reciprocated with an email, allocating payment to said Invoice, to the Client, when said funds are confirmed by SA Web Worx
37) All work remains the property of SA Web Worx until its full and final completion.
38) Activation of the Client’s website is conditional on these Terms & Conditions
39) The Completion Date of a project is affected by feedback and received content from the Client, time-frames will be adjusted within reason
40) The Client is also required to report any faults or request minor alterations (within the initial Agreement) within the 2 (two) working days referred to above, by e-mail. Note that alterations, changes and or retyping of images, photos, information whichever is applicable will be done within reason.
41) Should SA Web Worx not receive a reply within 2 (two) working days via e-mail, the Client’s website is considered finalised and complete. Therefore, SA Web Worx take no responsibility for website content errors thereafter nor will SA Web Worx be responsible for any changes made by the client nor for any work done by the client. Notwithstanding the web site must be completed within 10 days of the scheduled date. SA Web Worx reserves the right to levy an additional charge for any work to be done after the 10 day period. Any web site project not fully paid within 3 (three) months from date of invoice will be cancelled that is deleted from our server and will no longer be recoverable.
42) The client will be allocated 10 (ten) working days with effect from agreed date to complete the transition of the completed web site from the development server to the client’s server or a third party server under contract to the client, upon expiry of the initial 10 (ten) working days, the client will be quoted a fee to cover any further adjustments or amendments for a further 10 (ten) working days, if the client does not take ownership of the web site upon expiry of the 10 (ten) working day grace period then the web site will be cancelled that is deleted from our server and will no longer be recoverable.
43) Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed as a new project and be subject to these terms and conditions
44) SA Web Worx may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, and such like to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or depending upon the scope of what is agreed may result in a new project
45) The Client may request SA Web Worx access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies SA Web Worx from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information. Note that alterations, changes and or retyping of images, photos, information whichever is applicable will be done within reason.
46) A restoration fee for web sites, that have not been cancelled, in accordance with these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
47) SA Web Worx commit to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within what was agreed to, within a time frame negotiated with the client. Note that alterations, changes and or retyping of images, photos, information whichever is applicable will be done within reason.
48) SA Web Worx are not liable to Client(s) or responsible for said products and/or services of Client(s) upon instructions not formally given to SA Web Worx.
49) SA Web Worx are not a credit service provider and does not grant any credit facilities whatsoever.
50) All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices upon SA Web Worx having confirmed receipt of said funds.
51) Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients
52) Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from SA Web Worx legal representative(s), and the full outstanding balance becomes payable.
53) All legal cost resulting from non-payment will be accrued to the Client’s outstanding balance.
54) Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the initial invoice will be billed to the Client. This is payable upon receipt of the appropriate invoice
55) Hosting and Domain Fees are non-refundable
56) SA Web Worx reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein
57) SA Web Worx will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the Client’s website
58) SA Web Worx Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches by any third party application or website
Upon acceptance of the offer by the offeree to participate in the promotion, an invoice will be attached to an email which will be sent to the offeree using an email address supplied by the offeree, the amount on the invoice is payable upon successful delivery of the email to the offeree, the offeree is responsible for artwork and content, which the offeror reserves the right to decide on what is or is not appropriate.
Whilst we act in good faith dealing with the offeree we cannot be held responsible for the pricing and delivery of any service and or product that they advertise on our media.
The execution of client media design and presentation on the appropriate web sites will make use of the client material available on the internet and is subject to client approval and third party intellectual property rights, however in the case where the client formally indicates non acceptance of the use of client material available on the internet, then it will be the client’s responsibility to provide appropriate material at the client’s earliest convenience. Whilst all reasonable effort is undertaken to fulfil the specific requests of our clients, we do expect our client to advise us as soon as possible via email when they are dissatisfied with a result so that we can remedy immediately. Kindly note that whatever the circumstance and as set out on the invoice no refunds will be given after payment of invoice.
This offering is underpinned by a loyal network of followers that have been built up over many years and a conscious effort has been made to invest in these followers using target promotions, interesting newsletters and social media.
The technology used by SA Web Worx has enabled us to cross market these directories of products and services within the network to the delight of our preferred partners.
Google as with other effective search engines, encourages any and all entities either by means of code, funds or a combination thereof to appear in the range of first results on each and every search action. Not every supplier of products and services can be in the range of these first results.
We pride ourselves on being an organically grown company and by means of code only, will we continue to explore all available opportunities to enhance our visibility on search engine results, however looking after our private network is and will always be our top priority.
COMPETITIONS, PRIZES & PROMOTIONS
The promoter is Allpimatt Business Planning and Solutions (Pty) Ltd whose address is 1106 Courtyard, Gants Centre, Strand Western Cape South Africa, the competition is open to residents of South Africa aged 18 years and over except any consultant connected with the promoter and their close relatives and anyone otherwise connected with the promoter or judging the competition.
The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, force majeure or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control.
Notwithstanding, the promoter reserves the right to change the terms and conditions whenever it deems it appropriate to do so.
There is no entry fee and no purchase is necessary to enter this competition.
By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
Route to entry for the competition, details of how to enter and the closing dates of entry are available on each individual prize page.
No responsibility can be accepted for entries not received for whatever reason.
Any changes to the competition will be notified to entrants as soon as possible by the promoter.
The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
The prize is as stated and no cash or other alternatives will be offered.
The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
Winners will be chosen at random by software, from all entries received and verified by the Promoter, whilst every attempt will be undertaken to ensure bona fide entrants, in the event that evidence manifests that the winner is not a qualified entrant then he or she will be disqualified.
The winner will be notified on Facebook and via email within 28 days of the closing date.
It is the winners responsibility to regularly check our facebook pages and their email addresses to see if they are a winner. If the winner does not claim the prize within 7 days of notification via post or email, the promoter reserves the right to withdraw the prize from the winner and either pick a replacement winner or extend the prize promotion or cancel the prize.
There is a reasonable probability that certain key words example competition and winner could be filtered as SPAM or such like when receiving emails. Participants in our promotion campaigns are kindly requested to check their SPAM or similar folders to find out whether or not they may be a prize recipient.
All potential prize winners in our social media are required to be natural persons and are able to produce a valid identity document when requested to do so in order to verify their participation.
The promoter will notify the winner when and where the prize can be collected or delivered.
The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
Please note in accepting a prize sponsor on our social media platform, we first obtain a formal voucher that the sponsor will honour his or her obligation and that he or she has the authority to do so. We act in good faith in this regard, we cannot be held responsible if the sponsor reneges on his or her obligation and or misrepresents his or her authority, in such instances we will formalize the circumstance and remove the sponsor from any and all marketing platforms within our sphere of influence.
The competition and these terms and conditions will be governed by South African law and any disputes will be resolved in accordance with the rules of the arbitration foundation of South Africa by an arbiter appointed by the foundation.
The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely for such purpose.
The company is privileged to provide marketing support to a variety of products and services of excellent value and our successful journey has attracted many players some of which are highly competitive in specific target markets, the company cannot take a position for or against any one player over another when it comes to the use of its marketing media
The promotion is in no way sponsored, endorsed or administered by or associated with Facebook, Twitter or any other social network.
PAIA & POPI POLICY (“The Policy”)
This is the SA Web Worx’s (SA Web Worx) policy in terms of the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”) and the Promotion of Access to Information Act, No. 2 of 2000 ("PAIA") (“the Policy”)
This Policy applies to the business of SA Web Worx as it is conducted on the internet, it applies to its Partners, Clients and consultants conduct
A: PAIA Policy
1.PAIA is an act that was passed to give effect to the constitutional right, held by everyone in South African, of access to information which is held by the State or by another person (including SA Web Worx) and which is required for the exercise or protection of any right. Where a request is made in terms of PAIA, the body to which the request is made is obliged to give access to the requested information, except where the Act expressly provides that the information may or must not be released. It is important to note that PAIA recognises certain limitations to the right of access to information, including, but not exclusively, limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective, efficient, and good governance and in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
2.One of the main requirements specified in PAIA is the compilation of an information manual that provides information on both the types and categories of records held by a private body. This Policy serves as the SA Web Worx Information Manual. This Policy is compiled in accordance with Section 51 of PAIA and the Schedule to POPIA. It is intended to give a description of the records held by and on behalf of SA Web Worx, to outline the procedure to be followed on access to any of these records in the exercise of the right of access to information, with a view of enabling requesters to obtain records which they are entitled to in a quick, easy, and accessible manner. This Policy is available for public inspection on www.sawebworx.co.za.
3.SA Web Worx only keeps the Personal Information of its partners and clients as defined in the POPIA Policy below. Partners and clients shall at all times have access to such data and retrieve it in full via www.sawebworx.co.za
B: POPIA Policy
Note: POPIA compliance is still in its infancy. The procedures and guidelines in this Policy are drafted using the best available guidance from the Information Regulator as of 1 July, 2021 and hence this Policy is Version 1.0. SA Web Worx notes that it will amend this document should practices and procedures change in due course.
1.POPIA is intended to balance two competing interests. These are:
(a)our individual constitutional rights to privacy (which requires our Personal Information to be protected); and
(b)the needs of our society to have access to and to process (work with) our Personal Information for legitimate purposes, including the purpose of doing business.
2.This Policy sets out the framework for SA Web Worxcompliance with POPIA. Where reference is made to the “processing” of Personal Information, this will include any activity in which the information is worked with, from the time that the information is collected, up to the time that the information is destroyed, regardless of whether the information is worked with manually, or by automated systems.
3.The purpose of this policy is to enable SA Web Worx to:
(a)comply with the law in respect of the data it holds about partners and clients (known as Data Subjects in the POPIA);
(b)follow good reasonable commercial practice; &
(c)protect the SA Web Worx consultants and other individuals.
SA Web Worx Undertakings
4.SA Web Worx will always:
(a)comply with both the law and good practice;
(b)respect individuals’ rights;
(c)be open and honest with individuals whose data is held; &
(d)provide training and support for consultants who handle personal data, so that they can act confidently and consistently with regards to PAIA and POPIA.
5.POPIA aims to ensure that the legitimate concerns of individuals about the ways in which their data may be used are considered. In addition to being open and transparent, SA Web Worx will seek to keep individuals up to date as much as is possible and reasonable over what data is held and how it is used via its web site.
6.SA Web Worx undertakes to follow POPIA at all relevant times and to process Personal Information lawfully and reasonably, so as not to infringe unnecessarily on the privacy of our partners and clients and SA Web Worx recognises that its first priority under the POPIA is to avoid causing harm to individuals. In the main this means:
(a)SA Web Worx undertakes to process information only for the purpose for which it is intended, to enable us to do our work, as agreed with our partners and clients;
(b)keeping information securely in the right hands;
(c)retention of good quality information;
(d)accepts that partners and clients have given tacit consent to process Personal Information by virtue of that fact;
(e)SA Web Worx will be following a legal obligation placed upon us to protect a legitimate interest that requires protection;
(f)SA Web Worx shall stop processing Personal Information if consent is specifically formally withdrawn, or if a legitimate objection is raised;
(g)SA Web Worx shall retain records of the Personal Information collected for the minimum period as required by law unless the partner and client has furnished their consent or instructed us to retain the records for a longer period;
(h)SA Web Worx shall delete records as soon as reasonably possible after the time period for which SA Web Worx uses said data
(i)SA Web Worx undertakes to ensure that the Personal Information which SA Web Worx collects and processes is complete, accurate and not misleading and up to date;
(j)SA Web Worx undertakes to retain the electronic data related to the processing of the Personal Information; &
(k)SA Web Worx undertakes to take special care with partner and client details and SA Web Worx is not entitled to disclose or procure the disclosure of such details to any third party
7.SA Web Worx shall collect Personal Information directly from partners and client whose information is required, unless:
(a)the information is of public record;
(b)the partner and client have consented to the collection of their Personal Information from another source;
(c)the collection of the information from another source does not prejudice the partner and client;
(d)the information to be collected is necessary for the maintenance of law and order or national security;
(e)the information is being collected to comply with a legal obligation, including an obligation to SARS;
(f)the information collected is required for the conduct of proceedings in any court or tribunal, where these proceedings have commenced or are reasonably contemplated;
(g)the information is required to maintain our legitimate interests; or
(h)where requesting consent is not reasonably practical in the circumstances.
8.SA Web Worx shall restrict the processing of Personal Information:
(a)where the accuracy of the information is contested, for a period sufficient to enable us to verify the accuracy of the information;
(b)where the purpose for which the Personal Information was collected has been achieved and where the Personal Information is being retained only for the purposes of proof; or
(c)where the partner and client requests that the Personal Information be transmitted to another automated data processing system.
9.According to POPIA ‘‘Personal Information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. The POPIA, which has more specific examples if you need them, can be found at the following link: https://popia.co.za/section-1-definitions/
SA Web Worx collects any and all information to promote and market the partner and client for mutual benefit
10.SA Web Worx may automatically collect non-Personal Information about a partner and client to assist in providing an effective service
11.SA Web Worx has identified the following potential key risks, which this Policy is designed to address:
(a)breach of confidentiality (information being given out inappropriately);
(b)insufficient clarity about the range of uses to which data will be put — leading to Data Subjects (our partners and clients ) being insufficiently informed;
(c)failure to offer choice about data use when appropriate;
(d)breach of security by allowing unauthorised access;
(e)harm to individuals if personal data is not up to date; &
(f)third party data operator contracts.
Partner and client ’s Rights
12.The Partner and client hold the following specific rights:
(a)the partner and client may withdraw consent to the use of personal information
(b)in cases where SA Web Worx processes Personal Information without consent to protect a legitimate interest, to comply with the law or to pursue or protect our legitimate interests, the partner and client have the right to object to such processing; &
(c)all partners and clients are entitled to lodge a complaint regarding our application of POPIA with the
13.In order to secure the integrity and confidentiality of the Personal Information in our possession, and to protect it against loss or damage or unauthorised access, SA Web Worx must continue to implement the following security safeguards:
(a)our business premises where records are kept must remain protected
(b)archived files must be electronically stored and access control to these storage facilities must be implemented;
(c)all the user terminals on our internal computer network and our servers / PC’s / laptops must be protected by passwords. This also applies to all external data storage;
(d)our email infrastructure must comply with industry standard security safeguards
(e)if necessary, vulnerability assessments shall be carried out on our digital infrastructure to identify weaknesses in our systems and to ensure SA Web Worx has adequate security in place;
(f)SA Web Worx must use an internationally recognised firewall to protect the data on its servers, and must run antivirus protection continually to ensure its systems are kept updated;
(g)SA Web Worx consultants must be trained to carry out their duties in compliance with POPIA, and this training must be ongoing;
(h)it must be an understanding with every consultant that they must maintain full confidentiality in respect of all of our partners and clients’s affairs, including our partners and clients personal Information;
(i)consultants whose duty it is to process a partner and client Personal Information, must include an obligation: (1) to maintain the SA Web Worx’s security measures, and (2) to notify their manager/supervisor immediately if there are reasonable grounds to believe that the Personal Information of a partner and client has been accessed or acquired by any unauthorised person;
(j)the processing of the Personal Information of our consultants must take place in accordance with the rules contained in the relevant labour legislation; &
(k)the digital work profiles and privileges of consultants who have left our employ must be properly terminated.
These security safeguards must be verified on a regular basis to ensure effective implementation, and these safeguards must be continually updated in response to new risks or deficiencies.
14.Should it appear that the Personal Information of a partner and client has been accessed or acquired by an unauthorised person, SA Web Worx must notify the Information Regulator and the relevant partner and client unless SA Web Worx is no longer able to identify the partner and client. This notification must take place as soon as reasonably possible.
15.Such notification must be given to the Information Regulator first as it is possible that they, or another public body, might require the notification to the partner and client be delayed.
16.The notification to the partner and client must be communicated in writing in one of the following ways, with a view to ensuring that the notification reaches the partner and client:
(a)by email to the partner and client’s last known email address;
(b)by publication on the SA Web Worx website, or in the news media; or
(c)as directed by the Information Regulator
17.This notification to the partner and client must give sufficient information to enable the partner and client to protect themselves against the potential consequences of the security breach, and must include:
(a)a description of the possible consequences of the breach;
(b)details of the measures that SA Web Worx intends to take or have taken to address the breach;
(c)the recommendation of what the partner and client could do to mitigate the adverse effects of the breach; &
(d)if known, the identity of the person who may have accessed, or acquired the Personal Information.
Correction of Personal Information
18.A partner and client is entitled to require SA Web Worx to correct or delete Personal Information that SA Web Worx has, which is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or which has been obtained unlawfully.
19.A partner and client is also entitled to require SA Web Worx to destroy or delete records of Personal Information about the partner and client that SA Web Worx is no longer authorised to retain.
20.Upon receipt of such a lawful request, SA Web Worx must comply as soon as reasonably practicable:
(a)in the event that a dispute arises regarding the partner and client’s rights to have information corrected, and in the event that the partner and client so requires, SA Web Worx must attach to the information, in a way that it will always be read with the information, an indication that the correction of the information has been requested but has not been made; &
(b)SA Web Worx must notify the partner and client who has made a request for their Personal Information to be corrected or deleted what action SA Web Worx has taken as a result of such a request.
Special Personal Information
21.Special rules apply to the collection and use of information relating to a person’s religious or philosophical beliefs, their race or ethnic origin, their trade union membership, their political persuasion, their health or sex life, their biometric information, or their criminal behaviour.
22.SA Web Worx shall not process any of this special Personal Information without the partner and client’s consent, or where this is necessary for the establishment, exercise or defense of a right or an obligation in law.
23.Having regard to the nature of SA Web Worx’s work, it is unlikely that SA Web Worx will ever have to process special Personal Information, but should it be necessary the guidance of the Information Officer must be sought.
24.SA Web Worx may only process the Personal Information of a minor if SA Web Worx has the consent of the child’s parent or legal guardian.
25.Our Information Officer is our General Manager or is in a senior management position nominated and authorised by said General Manager in writing. Our Information Officer’s responsibilities include:
(a)encourage and ensure overall compliance with POPIA;
(b)encourage compliance with conditions for the lawful processing of Personal Information;
(c)deal with requests made by the Information Regulator or data subjects (individuals);
(d)work with the Regulator in relation to investigations conducted in accordance with the relevant provisions of POPIA;
(e)develop, implement and monitor a compliance framework;
(f)ensure that a personal information impact/risk assessment is performed to guarantee that adequate measures and standards exist within the entity;
(g)develop, monitor, maintain and make available a PAIA manual;
(h)develop internal measures and adequate systems to process requests for access to information; &
(i)ensure that internal awareness sessions are conducted regarding the provisions of POPI, the regulations and any codes of conduct or information obtained from the Regulator.
26.Our Information Officer will take up his duties with immediate effect
27.In carrying out their duties, our Information Officer must ensure that:
(a)this Policy is implemented;
(b)that this Policy is developed, monitored, maintained, and made available;
(c)that internal measures are developed together with adequate systems to process requests for information or access to information;
(d)that internal awareness sessions are conducted regarding the provisions of POPIA, the Regulations, codes of conduct or information obtained from the Information Regulator; &
(e)that copies of this Policy are provided to persons at their request, (hard copies to be provided upon payment of a fee).
28.Guidance notes on Information Officers have been published by the Information Regulator and our Information Officer must familiarise himself / herself with the content of these notes.
29.Partners and clients can rest assured that unless SA Web Worx is legally obliged to share their Personal Information, SA Web Worx will only share so much of a partner and client’s Personal Information as is needed by the authority that requires it, and we will only do so when it is necessary for SA Web Worx to do its work for the partner and client. In addition, all of our consultants are bound by confidential undertakings.
30.Should a partner and client have any concerns with the way in which SA Web Worx is processing their Personal Information, the partner and client is entitled to lodge a complaint with the Information Regulator, whose contact details are:
33 Hoofd Street
Forum III, 3rd Floor, Braampark
P.O Box 31533
Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za
General enquiries email: firstname.lastname@example.org
Staff Training & Acceptance of Responsibilities
31.SA Web Worx’ Information Officer will ensure that all consultants who have access to any kind of Personal Information will have their responsibilities outlined during their induction procedures. Continuing training will provide opportunities for consultants to explore POPIA issues through training, team meetings, and supervision. Procedure for consultants signifying acceptance of policy will ensure that all consultants accept this Policy once they have had a chance to understand the Policy and their responsibilities in terms of the policy and the POPIA.
32.SA Web Worx may only carry out direct marketing (using any form of electronic communication) to partners and clients if:
(a)they have been given an opportunity to object to receiving direct marketing material by electronic communication at the time that their Personal Information was collected; &
(b)they did not object then or at any time after receiving any such direct marketing communications from SA Web Worx.
33.SA Web Worx may only approach partners and clients using their Personal Information if SA Web Worx has obtained their Personal Information in the context of providing services associated with our business to them and SA Web Worx may then only market SA Web Worx services to them.
34.SA Web Worx may approach a person to ask for their consent to receive direct marketing material and SA Web Worx may not do so if they have previously refused their consent.
35.All direct marketing communications must disclose a partner and client’s identity and must contain an address or opt-out functionality, to which the partner and client may send a request that the communications cease.
Transborder Information Flows
36.SA Web Worx may not transfer a partner and client’s Personal Information to a third party in a foreign country, unless:
(a)the partner and client consents to this, or requests it;
(b)such third party is subject to a law, binding corporate rules or a binding agreement which protects the Personal Information in a manner similar to POPIA, and such third party is governed by similar rules which prohibit the onward transfer of the Personal Information to a third party in another country;
(c)the transfer of the Personal Information is required for the performance of the contract between ourselves and the partner and client;
(d)the transfer is necessary for the conclusion or performance of a contract for the benefit of the partner and client entered into between SA Web Worx and the third party; or
(e)the transfer of the Personal Information is for the benefit of the partner and client and it is not reasonably possible to obtain their consent and that if it is possible the partner and client would be likely to give such consent.
Offences & Penalties
37.POPIA provides for serious penalties for the contravention of its terms. For minor offences, a guilty party can receive a fine or be imprisoned for up to 12 months. For serious offences, the period of imprisonment rises to a maximum of 10 years. Administrative fines for SA Web Worx can reach a maximum of R10 million.
38.Breaches of this Policy will also be viewed as a serious disciplinary offence by consultants.
39.It is therefore imperative that SA Web Worx complies strictly with the terms of this Policy and protects our partners and clients Personal Information to international standard.
40.This Policy shall be governed by and construed in accordance with the laws of South Africa.