Protection of personal information
This document (the "Document") is entered into and agreed to between Sensor Networks Proprietary Limited (registration number: 2013/170601/07) (Sensor Networks) with email address: email@example.com and you (the "Customer").
The The Customer has purchased, or leased hardware provided by Sensor Networks, or a third party. The Customer is required to download and install the mobile monitoring software application provided by Sensor Networks (the “Application”) in order to utilize the hardware. Prior to utilizing the Application, the Customer is required to familiarize themselves with the provisions of this Document and accept the same.
Any download of the Application by the Customer concerned shall be deemed to constitute an acceptance of the provisions of this Document.
Sensor Networks shall, from time to time, be required to provide information relating to the Customer (Personal Information) to third parties (Third Parties). In this regard, Sensor Networks will be required to comply with the Protection of Personal Information Act 4 of 2013 (the Act).
1. Time Periods: This Document shall commence upon the date on which the Customer concerned downloads the Application from Sensor Networks and shall endure for so long as the Customer concerned is registered with Sensor Networks to use the Application.
2. Personal Information: With regard to Personal Information of the Customer, Sensor Networks shall:
2.1. if processing and providing Third Parties with Personal Information of the Customer, notify the Customer of such processing if so requested by the Customer (as specified in 3 below );
2.2. notify the Customer should any Personal Information be accessed or acquired by an unauthorized person;
2.3. process Personal Information of the Customer lawfully. Accordingly, Sensor Networks shall use and process of the Personal Information for the purpose for which such Personal Information was collected;
2.4. make Personal Information of the Customer available to the South African Revenue Services and/or a court of law if so required, as well as where it is in the interests of national security;
2.5. use its reasonable endeavours to protect the Personal Information of a Customer and keep such information strictly confidential;
2.6. amend, correct or delete Personal Information if so requested by the Customers as soon as is reasonably possible; and
2.7. should the Customer enquire, advise the Customer of any Personal Information which Sensor Networks keeps in its possession.
3. Waiver by Customer: You, the Customer, irrevocably and unconditionally agree by your download of the Application that Sensor Networks shall have the right, in its sole and unfettered discretion, to process and provide your Personal Information to Third Parties without your prior consent. The aforegoing shall not detract from your rights specified in 2.1 above .
4. Breach: Should any party (the "Defaulting Party") commit a breach of any of the provisions of this Document, then any of the other Parties (the "Aggrieved Party") shall be entitled to give the Defaulting Party 5 (five) business days written notice to remedy such breach. If the Defaulting Party fails to comply with such notice, the Aggrieved party shall be entitled, without prejudice to its right to claim damages, to (i) claim immediate payment and/or specific performance by the Defaulting Party of all the Defaulting Party's obligations or (ii) cancel this Document. Anything herein contained or implied shall not preclude any party from applying to Court for a temporary interdict or other relief of an urgent and temporary nature. Notwithstanding the aforegoing, Sensor Networks liability, howsoever arising and in manner whatsoever, to the Customer shall be limited to the amount which the Customer paid for the Application.
5. Relationships: Nothing contained in this Document shall be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose.
6. Severability: If a court finds any provision of this Document invalid or unenforceable, the remainder of this Document shall be interpreted so as best to effect the intent of the parties.
7. Whole Document and Variation: This Document expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Document may not be amended except in a writing signed by both parties
8. No Cession or Delegation: You, the Customer, may not cede any of its rights or delegate any of its obligations under this Document without the prior written consent of Sensor Networks.
9. Waiver: The failure to exercise any right provided in this Document shall not be a waiver of prior or subsequent rights.
10. Warranty: This Document and each party's obligations shall be binding on the representatives, assigns, and successors of such party. The Customer, if a juristic person (including a trust) warrants that it has agreed to accepted this Document through its authorized representative.
11. Governing Law: This Document shall be governed in all respects by the laws of the Republic of South Africa.