Introduction

The following statement is in terms of the Protection of Personal Information Act, 2013 (“POPI”) and is intended to govern your interactions and business dealings with ATS-SYSTEMS (Pty) Ltd. Please note that in this statement, “Third Parties” include, but are not limited to; Operators, shareholders, subsidiaries, affiliated companies or joint ventures, suppliers and parties providing products, goods, equipment, systems and services, such as information technology. “Personal Information” means any information or set of information that identifies a person and is processed by or on behalf of ATS-SYSTEMS, as described in Chapter 1, section 1 of POPIA.

Processing of customer personal information

ATS-SYSTEMS may only process customer Personal Information on its systems, in accordance with POPIA, insofar as it is given consent by customers; is necessary to carry out action for the conclusion or performance of a contract to which the customer is a party; as part of an obligation imposed by law on ATS-SYSTEMS; protects a legitimate interest of a customer; is necessary for pursuing the legitimate interests of ATS-SYSTEMS or a Third Party to whom information is supplied.

Distribution of personal information to third parties

ATS-SYSTEMS may provide access or transfer Personal Information to Third Parties where it is necessary in the course of and for the purpose of giving effect to ATS-SYSTEMS’s business activities with its customers, in accordance with that expressed above, or as otherwise required by law. ATS-SYSTEMS undertakes to take reasonably practicable steps to ensure that customer Personal Information that may be transferred to Third Parties is dealt with confidentially and in accordance with applicable legal requirements by those Third Parties.

ATS-SYSTEMS shall only transfer Personal Information to Third Parties in other jurisdictions where such Third Parties are subject to and comply with such laws, policies or agreements regarding privacy, data protection and confidentiality of Personal Information as may legally be required from time to time. ATS-SYSTEMS may disclose customers’ Personal Information to any Third-Party service providers whose services or products customers elect to use provided that it has obtained the necessary consent, or it is in terms of the conclusion and/or performance of contract between ATS-SYSTEMS and the customer, or there is another justification to the disclosure and processing. ATS-SYSTEMS will have agreements in place to ensure that they comply with confidentiality and privacy conditions.

ATS-SYSTEMS aims to have undertakings in place with relevant Third Parties to ensure there is a mutual understanding with regard to the protection of Personal Information, such Third Parties will be required to comply with the same or substantially similar regulations as ATS-SYSTEMS is subjected to.

Receiving personal information as a third party

During the course of conducting its business as a hosting service provider, ATS-SYSTEMS will collect Third Parties’ Personal Information from time to time. ATS-SYSTEMS will Process the Personal Information received from customers on behalf of the customer’s data subjects in conjunction with its terms and conditions and in respect of legislative requirements. ATS-SYSTEMS will accordingly ensure that in Processing or storing (as a hosting service provider) a Third Party’s Personal Information, it will adhere to its obligations in terms of POPIA. In the capacity of a Third Party, ATS-SYSTEMS will comply with all of its obligations as provided for in POPI.