Client Information Form

POPI

1. In carrying out each of their obligations in terms of this Agreement, Apex Audio Visual productions CC t/a aipx (The Company) and the Client, provided it resides and/or operates in South Africa, shall comply with the provisions of the
Electronic Communications Act of 2005, and POPI, and all other relevant laws of South Africa and any regulations promulgated thereunder. In the event that the Client does not reside and/or operate in South Africa, the Client represents, warrants, and agrees that it will comply with all laws, statutes and regulations in relation to data protection that are enforceable in the relevant jurisdiction where it resides and/or operates, and indemnifies and holds the Company harmless
from any penalties and/or claims that may arise from non-compliance.
2. The Company and the Client undertake to sign any agreement and/or policy document that they would be required to sign, by the other party, in order to ensure that either party is POPI compliant.
3. When accessing, dealing with and/or collecting Personal Information as defined in POPI, the Company and the Client shall at all times: –
3.1. Obtain written permission from the data subject for the collection, collation, processing and/or disclosure of any Personal Information to third parties, including but not limited to the Client.
3.2. not use the Personal Information for any purpose other than for the disclosed purpose for which the data subject gave written permission.
3.3. treat all Personal Information in a consistent and confidential manner.

Confidentiality

1. The recipient hereby undertakes to the disclosing party, whether directly or indirectly, and whether for its own benefit or otherwise, not to use, divulge or disclose any Confidential Information to any person whatsoever, except to those representatives of the Company who have a need to know such information in the ordinary course of business.
2. The recipient agrees to keep any Confidential Information which the disclosing party gives it access to, confidential, regardless of when the recipient became aware of the Confidential Information.
3. The recipient shall not reveal or make known or allow revealing or making known of the Confidential Information otherwise than is allowed in terms of this Agreement.
4. The recipient must take all steps that may be reasonably necessary to prevent the Confidential Information falling into the hands of an unauthorised third party.
5. The recipient must not use any of the Confidential Information in the:-
5.1. development and/or
5.2. marketing and/or
5.3. provision of any services and/or products without the prior written consent of the disclosing party.
6. The recipient must not use or disclose or attempt to use or disclose the Confidential Information for any purpose other than performing its duties.
7. The recipient not use or attempt to use the Confidential Information in any way which will cause or be likely to cause injury or loss to the disclosing party.
8. All documentation the disclosing party gives to the recipient during the course and scope of its working relationship will remain the property of the disclosing party. The documentation must be returned to the disclosing party when it requests it. The recipient may not make copies of any such documentation without the prior written consent of the disclosing party.
9. Any confidential material which comes into the possession of the recipient, or which is generated by the recipient during the course and scope of its working relationship after the Commencement Date:
9.1. will be regarded as forming part of the Confidential Information of the disclosing party;
9.2. will be regarded as the property of the disclosing party;
9.3. may not be copied, reproduced, published or circulated by the recipient without the disclosing party’s prior written consent; and
9.4. must be surrendered to the disclosing party on demand.
10. Confidential information shall furthermore include information relating to the representative personally and/or associated party or person, alliance or connected entity/person of each Party, including Confidential Information relating to any and all of the directors and its shareholders.
11. The undertakings set out above will not apply to information which:
11.1. is lawfully in the public domain at the Commencement Date or
11.2. lawfully comes into the public domain after the Commencement Date otherwise than as a result of the conduct of the recipient;
11.3. the recipient is compelled to disclose in terms of a Court order;
11.4. is approved for release upon the written confirmation of the other party and
11.5. is required by law to be disclosed by the recipient.