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DON'T WORRY ABOUT POPIA

THAT'S OUR JOB

Helping SMMEs and professionals comply with POPIA and PAIA, effortlessly.

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Terms of service

1. Introduction

1.1. Who we are

We are IO Privacy and we help organisations manage their data protection obligations practically and effectively. You can find our full details in our PAIA manual.

1.2. Who you are

These terms apply to you if you are our customer who has ordered any services that we provide via this site.

1.3. What these terms cover

These terms explain how we provide our services and what you can expect when you work with us. Please read them carefully before you use our services.

2. this agreement

2.1. Applicable terms

This agreement consists of these terms of service, our policies, and any order for the services.

2.2. Definitions

day means a day counted from midnight to midnight, including all days of the month, Saturdays, Sundays, and public holidays;

we, us, or our means IO Privacy;

writing means information reproduced in physical or electronic form, but excludes email or instant messaging;

you or your means the customer who places an order with us for our services.

2.3. Interpretation

When interpreting this agreement, the following will apply:

  • Words like ‘including’ or ‘excluding’ do not imply exhaustive lists;
  • Undefined words keep their ordinary English meanings;
  • Any reference to a party includes that party’s successors or assigns;
  • Any period of days excludes the first day and includes the last day;
  • The terms of this agreement must not be interpreted against the drafter;
  • Any time calculations will use GMT+2.

2.4. Conclusion

This agreement is concluded when and where we accept your order for the services.

3. our services

3.1. Subscription duration and renewal

We provide the services as a subscription. This agreement will start when you order and pay for the services in advance on our website, and will continue for a term of 12 months. At the end of each term of 12 months, this agreement will automatically renew for a further term of 12 months. You may cancel the automatic renewal by giving us notice in writing at least 30 days before the end of the then-current term.

3.2. Our services

Unless we agree otherwise in writing, the services we provide you under this agreement comprise of us assisting you with:

  • your South African Information Regulator administration, in terms of which we will:
    • register your organisation with the Information Regulator;
    • register your information officer with the Information Regulator;
    • register ourselves as your admin officer with the Information Regulator;
    • update these details once per term on your request;

  • your PAIA manual administration, in terms of which we will:
    • draft your PAIA manual, excluding your privacy policy or related content;
    • register your PAIA manual with the Information Regulator;
    • compile and submit your annual PAIA report with the Information Regulator;
    • update your PAIA manual once per subsequent term on your request.

  • your responses to data protection enquiries, in terms of which we will:
    • create a unique mailbox address for your organisation, and list this both in your PAIA manual and with the Information Regulator;
    • monitor this mailbox for PAIA requests, data subject access requests, and Information Regulator communications;
    • where required, refer enquiries to the appropriate PAIA or POPIA Forms;
    • forward such enquiries to you, where they require your attention or response;
    • provide you with guidance on how you could reply to such enquiries, including the kind of query it is, what information you do or don’t have to provide, when you have to reply by, and what other options you have;
    • if in our sole opinion the number or complexity of requests is excessive, move you to a higher service tier with your agreement, failing which we may terminate this agreement.

3.3. Your accurate information

You acknowledge that for us to provide the services to you properly, we need you to give us accurate information. We aren’t liable for any reliance that we place on any inaccurate information that you give us. You must notify us if you receive any separate data protection enquiries or complaints under POPIA or PAIA.

3.4. Your use of our services

You acknowledge that the services we provide to you are prepared for your specific situation and may be inapplicable to any other person. We aren’t liable for any use you make of the services for any other person.

3.5. Your acknowledgements and responsibilities

You acknowledge and agree that:

  • we are not providing you with legal advice, but are instead facilitating an administrative task on your behalf;
  • we are not your information officer, but are instead assisting you with specific tasks that your information officer is responsible for performing;
  • we are not responding to or resolving any data protection enquiries on your behalf, but are instead assisting and facilitating your response to these enquiries yourself;
  • we will not grant you direct access to the unique mailbox address for your organisation, but will instead forward the relevant data protection enquiries or guidance to the email address that you give us on registration;
  • you remain responsible for any other tasks that your information officer must perform;
  • you remain responsible for your general compliance with your data protection obligations.

3.6. Excluded services

Unless we agree otherwise in writing, we will not provide you with any services not explicitly described in this section. If you want us to provide any other services, please contact us.

3.7. Termination

When this agreement ends, we will remove our details from your PAIA manual and your profile on the Information Regulator’s portal. The rest of your profile and manual will remain the same.

4. data protection

4.1. We are your processor

For the purposes of our processing of your or your data subjects’ personal information, we are your processor and you are the responsible party.

4.2. Our data responsibilities

When processing personal information under this agreement, we:

  • will comply with our obligations under all applicable data protection laws;
  • will not share such personal information in any way other than as allowed under this agreement;
  • have appointed an Information Officer to ensure our compliance with our data protection obligations.

4.3. Transfer of your data

You agree that we may subcontract our processing of your or your data subjects’ personal information, and transfer it to third parties or across country borders for the sole purpose of meeting our obligations under this agreement.

5. confidentiality

5.1. Confidential information

Each party will keep confidential any information that it receives from the other party under this agreement, and will:

  • only use it to comply with their obligations under this agreement;
  • not disclose it to any third party;
  • protect it as if it were their own confidential information;
  • destroy it at the end of this agreement.

5.2. Indemnity

Each party indemnifies the other party against any loss or damage to the other party caused by a breach of this clause by the first party, including its personnel.

6. intellectual property

6.1. Existing intellectual property

Each party owns the right, title and interest in and to their intellectual property that existed at the time that this agreement was concluded. No party can use the other party’s intellectual property without the other party’s permission.

6.2. New intellectual property

Any right, title or interest in and to any intellectual property that we create under this agreement will vest in us.

6.3. Intellectual property required to provide the service

You grant us a limited licence to use your intellectual property, including your trade name, solely for the purpose of providing the services under this agreement.

7. fees and payment

7.1. Payment date

We will invoice you and you must pay us for the services annually in advance, on ordering or renewing the services. You agree that we may place an automatic charge on your credit card for renewing the services. If we don’t receive your payment within 10 days of the renewal date, we may terminate any renewal of this agreement.

7.2. Late payments

If any amount that you owe to us is overdue, it will incur interest at the prime lending rate plus 2% from the date that it is due to the date that you settle it. We may suspend all or part of the services until you have settled your late payments.

7.3. Taxes

All fees exclude taxes, which you are liable to pay for.

7.4. Fee increase

We may increase the fees once during each term of 12 months, on written notice to you and by no more than the then-current CPI rate as published by Stats SA.

7.5. Appropriation

We may appropriate any money you pay to us to settle any debt that you owe to us.

7.6. Survival

This clause survives the termination of this agreement.

8. warranties

8.1. Your warranties

You warrant that:

  • all the information you give us is correct;
  • you haven’t entered into this agreement based on any prior representations, warranties or guarantees from any person;
  • you have the full authority and legal capacity to enter into this agreement on behalf of the person or organisation that will receive the benefit of the services;
  • entering into this agreement doesn’t put you in breach of any other agreement.

8.2. Our disclaimer

You use the services at your own risk, and we don’t give any express or implied warranties about them.

8.3. Indemnity

You indemnify us against any claim for damages (including legal costs) by any party resulting from a breach of these warranties, your negligence, or your failure to follow our instructions.

8.4. Survival

This clause survives the termination of this agreement.

9. limitation of liability

9.1. Direct damages are limited

If we are liable to you for any damages arising from any party’s claim related to this agreement, our liability is limited to the total fees paid by you to us for the services up to 12 months prior to the claim arising.

9.2. Indirect damages are excluded

We are not liable to you for any indirect or consequential damages or losses under this agreement.

9.3. You and third parties

We are not liable to you for any damages or losses caused by your own actions or the actions of third parties, whether related to this agreement or not.

9.4. Survival

This clause survives the termination of this agreement.

10. termination

10.1. Breach

If a party breaches this agreement, they must fix the breach within 10 days of receiving written notice from the other party. If they don’t, the other party may terminate the agreement immediately on written notice to the breaching party, and claim damages.

10.2. Suspension

We may suspend all or part of the services if:

  • we reasonably believe that you are using them in a way that is illegal or unlawful;
  • you breach this agreement and don’t fix the breach in the time allowed.

10.3. Termination

We may terminate this agreement:

  • if we have not yet begun providing the services to you, immediately on notice to you, in which case we will refund you the full fees paid for the services for the then-current term;
  • if we have begun providing the services to you, on 30 days’ written notice to you, in which case we will refund you the pro rata portion of the fees paid for the services for the then-current term.

Either party may terminate this agreement immediately if:

  • the other party closes down or is placed under administration;
  • the other party shows reasonable signs of closing down or being placed under administration, like settling with its creditors or being unable to pay its debts;
  • they are obliged to do so by law.

10.4. Effect of termination

When this agreement ends, we will stop providing the services, and any amounts due to us for the services performed up until the end date become payable immediately.

11. general

11.1. Dispute resolution

Both parties must attempt to resolve any dispute between them via good faith negotiation within 30 days of receiving written notice from either party about the dispute. If negotiation fails, the parties must resolve the dispute via good faith mediation.

11.2. Notices and domicile

We will send notices under this agreement to the email address you give us when you sign up for the services. You must send notices under this agreement to our email address listed in our PAIA manual. Each party will use as their service address for legal documents their street address listed in their PAIA manual.

11.3. Force majeure

No party is liable to the other party if circumstances beyond reasonable human control cause them to breach this agreement. In this case, the breaching party must notify the other party as soon as possible, and the other party may terminate this agreement in writing if the circumstances continue for more than 30 days.

11.4. Assignment

We may assign this agreement to an entity related to us, or to a third party who succeeds us or purchases our business. You may not assign this agreement.

11.5. Relationship

The relationship between the parties is one of customer and independent contractor. This agreement does not create any other relationship between the parties, including employment, partnership, agency or otherwise.

11.6. Changes

We may change these terms by updating them on this site. If you keep using the services after the change, you will be deemed to have accepted the changes.

11.7. Entire agreement

These terms are the entire agreement between us and you regarding the services.

11.8. No waiver

If we don’t enforce our rights under this agreement, that doesn’t mean that we waive those rights.

11.9. Severability

If any part of these terms is unenforceable, the other parts of these terms will still apply.

11.10. Governing law

These terms are governed by the laws of South Africa, and any dispute regarding them will be handled by the South African Magistrate’s Court closest to our head office.

11.11. Contact us

If you have any questions about these terms, you can contact us at the details in our PAIA manual.