This Notice explains how we obtain, use and disclose your personal information, in accordance with the requirements of the Protection of Personal Information Act No 4 of 2013 (“Act”).

 

We are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.

 

Please see ENVASS’s Protection of Personal Information Manual for your attention at https://www.envass.co.za/promotion-of-access-to-information-act/. Should you have any questions, you are welcome to contact Environmental Assurance (Pty) Ltd. at info@envass.co.za or 012 460 9768

 

  1. By signing this agreement, the Independent Contractor agrees to the processing of his/her Personal Information, including Special Personal Information as may be required and defined in and in accordance with both the Protection of Personal Information Act 4 of 2013 (“POPIA”), and the Company’s Protection of Personal Information Policy:

 

1.1        for any purpose connected with the business relationship which inter alia includes but not limited to,

1.1.1     Accounts, payments, and related administrative purposes;

1.1.2     Reporting in terms of legislation;

1.1.3     Risk management;

1.1.4     Access control;

1.1.5     Operational matters; and

1.1.6     To serve or protect the Company’s legitimate interests or the legitimate interests of third parties such as clients and / or other service providers.

 

1.2        For purposes of this agreement, “processing” refers to processing as defined in POPIA and includes but is not limited to collecting, receiving, recording, organizing, collating, storing, updating, retrieving, altering, using, disseminating, distributing, merging, linking, blocking, degrading, erasing or destroying of any Personal Information.

 

1.3        The Independent Contractor consents to the processing of relevant Personal Information by third parties for the operational purposes of the Company, such as but not limited to information required to render services / goods / continue to perform in terms of the contract / agreement.

 

1.4        The Independent Contractor further consents to the transfer and processing of his/her relevant Personal Information, where so required, by clients and other service providers of the Company, whether based in South Africa or in other jurisdictions. Such Personal Information will only be used by third parties in the furtherance of their responsibilities to the Company, and vice versa, and will also be governed by the provisions of the Protection of Personal Information Act and in accordance with their own policies.

 

1.5        The Independent Contractor understands and agrees, as per the Company’s Protection of Personal Information Policy, that his/her Personal Information may be transferred to another country for the purpose of storage on a Cloud Based Storage Facility where the physical storage medium is situated in another country. In this regard the Company shall only make use of service providers, located in countries that offers adequate protection for Personal Information. This may be achieved in terms of relevant legislation, a Service Agreement or similar undertaking, in terms of which the service provider offers adequate protection for Personal Information under its control.

 

1.6        The Independent Contractor Personal Information may be transferred to the Company’s Head Office / third party in South Africa for the purposes of other information required to render services / goods / continue to perform in terms of the contract / agreement. Such Personal Information shall be protected in that country under the POPI Act / our internal policies / a binding agreement that offers adequate protection.

 

1.6.1     The Company will where practicable, notify the Independent Contractor before processing Personal Information to third parties, and where such Personal Information is to be transferred to third parties outside of the Republic of South Africa, to first obtain consent from the Independent Contractor upon being advised as to legislation, binding corporate rules or agreements that offers the adequate protection of Personal Information   in that country.

 

1.7        The Independent Contractor warrants that any and all Personal Information provided by him/her shall at all times be accurate and to immediately notify the Company if any Personal Information previously disclosed is no longer relevant, outdated or inaccurate.

 

1.8        The processing of Personal Information by the Company shall further be subject to any applicable Company policy that may be amended from time to time.

 

1.9        The Independent Contractor agrees to familiarize him/her with all company policies and associated procedures relating to the Protection of Personal Information, and to strictly adhere thereto. The Independent Contractor further agrees that despite being bound by some policies that are also applicable to the employees of the Company, it shall not be interpreted to in any manner whatsoever imply that the nature of the relationship between the Company and the Independent Contractor is that of employer and employee.