1. INTRODUCTION

1.1 UON (“The Licensor”) provides the Licensee with use of the System on the basis of Software as a Service (SaaS).

1.2 By providing SaaS to the Licensee, the Licensor is not a Responsible Party under POPIA (as defined in POPIA) but has the responsibilities of an Operator under POPIA. An “Operator” is defined in POPIA as “a person who processes Personal Information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party.”

1.3 By accessing and/or using the System, the Licensee and the User acknowledge that you have read and understand this Privacy Policy and that you agree to be bound by it. If you do not understand and/or accept this Privacy Policy, you should refrain from accessing and/or using the System.

2. PRIVACY STATEMENT

2.1 UON is committed to protecting your privacy and providing you with use of technology that meets your expectations and a secure online experience.

2.2 This Privacy policy applies to your use of the dedicated UON website to access the System and governs data collection and usage.

2.3 By accessing and using the UON website, you consent to the data practices described in this Privacy Policy.

3. PREAMBLE AND SCOPE

3.1 This Privacy Policy applies to all aspects of the User’s use as an authorised User of the System via the Licensee’s designated URL.

3.2 This Privacy Policy applies only to information provided to us by the Licensee, by you online or that we collect from you while using the Website.

4. DEFINITIONS

4.1 The headnotes to the clauses of this Privacy Policy are inserted for reference purposes only and shall in no way govern or affect the interpretation of the respective clause nor the remainder of this Privacy Policy.

4.2 Unless inconsistent with the context, the expressions set forth below shall bear the following meanings:

4.2.1 “Licensing Agreement” means the agreement under which Licensor has agreed to host the System, make the System available for use by the Licensee and its dealer network, and provide associated Services in connection with the System;

4.2.2 “Licensee” means the party contractually licensed by the Licensor to use the System in exchange for the payment of a licensing fee;

4.2.3 “Licensor” means UON which encompasses WMB Evality (Pty) Ltd t/a UON Registration number 2012/198286/07 and UON (Pty) Ltd Registration number 2017/480709/07, both having its principal place of business situated at 493 Cliff Avenue, Waterkloof Ridge, Pretoria;

4.2.4 “Personal Information” means information about an identifiable individual, natural or legal person (data subject), as defined in POPIA;

4.2.5 “POPIA” means the Protection of Personal Information Act 4 of 2013;

4.2.6 “Privacy Policy” means this Privacy Policy;

4.2.7 “System” means the on-line software system that has been established for use by the Licensee and its dealer network, including all associated documentation, new releases, updates or revisions;

4.2.8 “System Use Information” means non-personally identifiable information that we collect when Users access and use the Website, for example cookies;

4.2.9 “User” means the person who has been authorised by the Licensee or one of its dealers, to access and use the System;

4.2.10 “Website” means the Licensor’s website with address as allocated by the Licensor.

5. INFORMATION PROCESSED ON BEHALF OF THE LICENSEE

5.1 The Licensor requires certain User Personal Information from the Licensee in order to create the User profile and to provide the User with access to the System.

5.2 The User may upload onto the System, in course and scope of the User’s duties, certain information relating to the Licensee’s business.

5.3 The Licensor collects certain System Use Information.

5.4 The Licensor may require certain User Personal Information in order to provide User support services. Any such Personal Information shall only be utilised by the Licensor for the purposes of providing the services to the Licensee under the Licensing Agreement and for attending to and resolving the User’s query.

5.5 The User assumes full responsibility for the information and results obtained from the use of the System and for the application of such information and results.

5.6 All information entered onto and stored on the System by the Licensee, through Users, shall at all material times belong to the Licensee and the Licensor acquires no rights of ownership thereto nor rights of use other than as provided for in the Licensing Agreement or reasonably required in order to provide the services.

6. CONSENT TO PROCESSING OF PERSONAL INFORMATION AND RECEIVING ELECTRONIC COMMUNICATIONS

6.1 The User consents to being contacted by the Licensor about matters relating to the System and the Licensing Agreement via notifications within the System, via the User's email address provided to the Licensor and other lawful means.

6.2 The Licensor agrees to only collect, use, disclose and process Personal Information of the User and the Licensee: (a) in accordance with POPIA; (b) in accordance with any other applicable privacy and data security laws; and (c) to the extent required to perform its obligations and exercise its rights under the Licensing Agreement and for no other purpose.

7. STORAGE AND SECURITY

7.1 The System data, including the User and the Licensee’s Personal Information, is stored on Microsoft Azure servers, currently located in United Kingdom South, to which the Licensee has consented.

7.2 In addition to the security Microsoft Azure is contractually obliged to provide, the Licensor has in place security systems to an internationally acceptable standard, reasonably designed to prevent unauthorized access to or disclosure of Personal Information.

7.3 Due to the nature of internet communications and evolving technologies, the Licensor cannot provide and disclaims assurance that the information you provide to us will remain free from loss, misuse or alteration by third parties who, despite our reasonable and best efforts, obtain unauthorized access.

8. LICENSOR’S USE OF PERSONAL INFORMATION

8.1 The Licensor uses the Personal Information provided by the Licensee and the User, as well as collected via the Website only and exclusively for the provision of services by the Licensor under the Licensing Agreement with the Licensee.

8.2 In general, the Licensor will not disclose the Licensee’s nor the User’s Personal Information to unaffiliated third parties without express written consent. There are, however, some limited circumstances in which the Licensor may need to disclose Personal Information about a User, including, but not limited to, the circumstances set forth below:

8.2.1 Vendors

8.2.2 Imminent Harm

8.2.3 Legal: The Licensor may reveal the Licensee’s and/or the User’s Personal Information to attorneys, private investigators or law enforcement agencies if the Licensor reasonably believes that the Licensee and/or the User is harming or interfering (or may imminently harm or interfere) the Licensor or other Users or anyone else or is violating (either intentionally or unintentionally) this Privacy policy and/or is infringing on any of the Licensor's legal rights. The Licensor may reveal the Licensee’s and/or the User’s Personal Information to the extent required by law.

9. APPLICABLE LAW

9.1 This Agreement shall in all respects be governed by and construed under the laws of the Republic of South Africa.

10. GENERAL

10.1 Should the User materially breach this Privacy Policy, the Licensor reserves the right to block the User's access to the System for the duration and to the extent that is reasonably necessary to resolve the breach.

10.2 Should any provisions of this Privacy Policy Provisions be held to be invalid, unlawful or unenforceable, such provisions will be severable from the remaining Privacy policy Provisions, which remaining provisions will continue to be valid, binding and enforceable.

10.3 The Licensor reserves the right to change or modify from time to time, or terminate this Privacy Policy, in its sole and absolute discretion.

10.4 Any communication relating to this Privacy Policy may be directed to info@uon.global.