Common use of DATA PRIVACY AND PROTECTION Clause in Contracts

DATA PRIVACY AND PROTECTION. 13.1 The Service Provider acknowledges that in providing the Services to Sentech, the Service Provider may be exposed to Sentech’s Data, including Data of any of Sentech’s clients and/or other third parties. 13.2 The Parties specifically record that all Data provided by Sentech to the Service Provider, or to which the Service Provider may be exposed, shall constitute Confidential Information and as such, the Service Provider shall comply with all the provisions of clause 10 with regard to such Data. 13.3 The Service Provider hereby warrants in favour of Sentech that it shall at all times strictly comply with all applicable legislation and with all the provisions and requirements of the Sentech's Data protection policies and procedures, as may be updated from time to time, and any further requirements of which Sentech may, from time to time, advise the Service Provider in writing, or which may be required by legislation, regulation or any relevant industry body, whether within the Republic of South Africa or elsewhere in the world. 13.4 The Service Provider hereby warrants and undertakes that it shall not, at any time copy, compile, collect, collate, process, mine, store, transfer, alter, delete, interfere with or in any other manner use Data for any purpose other than with the express prior written consent of Sentech, and to the extent necessary to provide the Services to Sentech. All data and software, including Sentech Data, provided by Sentech or accessed (or accessible) by Service Provider Staff members shall be used by such Staff members only in connection with the provision of the Services and shall not be commercially exploited by the Service Provider in any manner whatsoever. 13.5 The Service Provider further warrants that it shall ensure that all its systems and operations which it uses to provide the Services, including all systems on which Data is copied, compiled, collected, collated, processed, mined, stored, transmitted, altered or deleted or otherwise used as part of providing the Services, shall at all times be of a minimum standard required by law and further be of a standard no less than the standards which are in compliance with the international best practice for the protection, control and use of Data. 13.6 The Service Provider indemnifies and holds harmless Sentech for any loss, whether direct or indirect, arising out of a failure to process any Sentech Data in accordance with the applicable laws.

DATA PRIVACY AND PROTECTION. 13.1 7.1 Subject to the express permissions of these Terms, each Party will protect each other’s Confidential Information (as defined in Section 8.1 below) from unauthorized use, access or disclosure in the same manner as each protects its own Confidential Information, but with no less reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each Party may use the other’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms and shall not in any misuse any Confidential Information. 7.2 The Service Provider acknowledges Parties acknowledge that in providing the Services to SentechYou, the Service Provider We may be exposed to Sentech’s Service Data, including Data of any of Sentech’s clients and/or other third parties. 13.2 . The Parties specifically record acknowledge and agree that all Service Data provided by Sentech You and Users to the Service ProviderUs, or to which the Service Provider We may be exposed, shall constitute Confidential Information and as such, the Service Provider Parties shall comply with all the provisions of clause 10 this Section 7 with regard to such the Service Data. 13.3 7.3 The Service Provider hereby warrants in favour of Sentech that it Parties shall at all times strictly comply with all applicable legislation and in force from time to time and, where applicable, with all the provisions and requirements of the Sentech's Data protection policies and procedures, as which may be updated required by legislation, regulation or any relevant industry body whether within Denmark or elsewhere in the world. 7.4 You further warrant that You shall ensure that the Users shall at all times comply with all applicable legislation in force from time to time, and any further requirements of which Sentech may, from time to time, advise the Service Provider in writing, or which may be required by legislation, regulation or any relevant industry body, whether within the Republic of South Africa Denmark or elsewhere in the world. 13.4 The Service Provider hereby warrants and undertakes 7.5 You warrant that it shall not, at any time copy, compile, collect, collate, process, mine, store, transfer, alter, delete, interfere with or in any other manner use Data for any purpose other than with the express prior written consent of Sentech, and to the extent necessary to provide the Services to Sentech. All data and software, including Sentech Data, provided by Sentech or accessed (or accessible) by Service Provider Staff members shall be used by such Staff members only in connection with the provision of the Services and shall not be commercially exploited by the Service Provider in any manner whatsoever. 13.5 The Service Provider further warrants that it You shall ensure that all its Your systems and operations which it uses You use to provide the Servicesprocess Service Data, including all systems on which Service Data is copied, compiled, collected, collated, processed, mined, stored, transmitted, altered or deleted or otherwise used as part of providing the Servicesin these Terms, shall at all times be of a minimum standard required by law and further be of a standard no less than the standards which are in compliance with the international best practice for the protection, control and use of the Service Data, including but not limited to being free of Malicious Code. 13.6 The 7.6 You shall be responsible for: (a)accessing, correcting and deleting or requesting Us to access, correct and delete, as may be appropriate, any of the Service Provider indemnifies Data processed and holds harmless Sentech for any loss, whether direct or indirect, arising out hosted by Us; (b) providing clear instructions as to the use of a failure to process any Sentech the Service Data in accordance with instructions which may be received from consumers; and (c) ensuring that You have adequate security measures in place to protect against loss and/or unauthorized access and/or misuse of Service Data. 7.7 You warrant that, for the duration of this Agreement, You will ensure that You have provided all reasonably necessary disclosures (including any required notices to Your clients and consumers about how their Service Data (''Client Information'') may be used, stored or transferred by You, Users or Us and obtained all relevant consents, including all consents required by law, to: (a) disclose the Client Information to Us; (b) allow for the cross-border transfer of the Client Information; and (c) allow You, Users or Us to use the Client Information in relation to the provision of the Services. 7.8 You acknowledge that We are under no obligation to monitor or regulate the content of the Client Information and You warrant that You shall ensure that the Client Information does not infringe on or violate the intellectual property rights of any third party and will not contain any content which violates any applicable lawslaw, regulation or rights of any third party. 7.9 You acknowledge that in addition to Service Data we collect other information such as Usage Data about You and the Users and their respective devices, computers and the use of the Service. We use, disclose and protect this information as described in Our Privacy Policy 7.10 Notwithstanding the provisions of Section 10, You hereby indemnify and hold Us harmless against any losses incurred by Us, by You and/or by any third party as a result of any breach and/or failure by You of the provisions of this Section 7.