PURPOSE AND OBLIGATIONS. The Parties may, in terms of the Agreement share Personal Information with each other as Responsible Parties. Each Party shall comply at all times with POPIA when performing its obligations under this Agreement and shall not perform any of their respective obligations under this Agreement in such a way as to cause the other Party to breach any of that other Party's obligations under POPIA. Each Party undertakes to Process Shared Personal Information and to secure the integrity and confidentiality of Shared Personal Information by taking appropriate, reasonable technical and organisational measures. Each Party shall ensure that, in respect of all Shared Personal Information provided to the other Party and in respect of the use of that Shared Personal Information under this Agreement: all necessary fair processing notices have been provided to and consents obtained from Data Subjects by that Party, where required, in terms of POPIA, including to specify that the other Party is also a Responsible Party in respect of the Data Subject’s Personal Information and to provide a link to the other Party’s Privacy Statement or to include a statement that the other Party’s Privacy Statement can be found on the other Party’s corporate website; and all necessary steps have been taken to ensure that Shared Personal Information has been collected and Processed in accordance with the conditions for lawful processing of personal information set out in Chapter 3 of POPIA, including in particular those relating to: lawful, fair and transparent Processing; specified, legitimate and explicit purposes of Processing; and adequate, relevant and not excessive Processing. If either Party receives any complaint, notice or communication from the Regulator which relates directly to: the other Party’s Processing of the Shared Personal Information; or a potential failure by the other Party to comply with POPIA in respect of the activities of the Parties under or in connection with this Agreement, it shall, to the extent permitted by law, promptly notify the other Party and provide such information as it shall reasonably request in that regard. If a Data Subject makes a written request to either Party to exercise any of their rights under POPIA, the receiving Party shall respond to that request in accordance with POPIA. To the extent that the request concerns the Processing of Shared Personal Information undertaken by the other Party, the receiving Party shall: promptly and without undue delay forward the request to the other Party; and cooperate and provide reasonable assistance in relation to that request to enable the other Party to respond in accordance with POPIA. Each Party acknowledges that the other Party may disclose Shared Personal Information to any Regulator or law enforcement authority with jurisdiction to request access to the Shared Personal Information.
Appears in 5 contracts
Samples: Maintenance and Support Agreement, Supply and Delivery of Goods and/or Services Agreement, Professional Services Agreement
