The Food Service Company (Pty) Ltd Registration Number 2019/073275/07 (“The Food Service Company”) is committed to compliance with the Protection of Personal Information Act. No. 4 of 2013 (“POPIA”).
For purposes of this agreement, the following words bear the meanings associated with them below:
“Personal Information” means information relating to an identifiable, living, natural person, including:
“Data Subject” means each director of the Customer and each shareholder of the Customer that is a natural person.
WHEREAS:
In the course of The Food Service Company’s Customer verification and credit vetting processes, The Food Service Company will collect, and process Personal Information related to Data Subjects. The Food Service Company may also share such information inter alia with third parties that provide credit insurance, credit vetting services, collection services and finance.
The Food Service Company is committed to ensuring that any processing of Personal Information related to Data Subjects are limited to the express purposes of opening and management of an account for the Customer and that such processing is compliant with POPIA.
IT IS HEREBY AGREED THAT:
1. The Customer consents to The Food Service Company:
1.1. performing a credit search on the Customer’s record, as well as the record of Data Subjects, with one or more of the registered Credit Bureaus when assessing the Customer’s Application for Credit (and at any other time in The Food Service Company’s discretion);
1.2. recording the existence of the Customer’s account with any Credit Bureau;
1.3. transmitting any information pertaining to the Customer and to any Data Subject to: (a) any third party that provides credit vetting services, (b) credit guarantee insurance providers and brokers, (c) collection service providers; and (d) entities that provides financing to The Food Service Company, (hereinafter referred to as “Approved Third Parties”), and to any such Approved Third Party in turn conducting its own Credit Bureaus and other credit vetting and debt collection processes; and/or recording and transmitting details of how the Customer has performed and how the account is conducted by the Customer in meeting its obligations on the account, including to a Credit Bureau and The Food Service Company’s credit insurers.
2. The Customer acknowledges and agrees that any information regarding its credit worthiness, defaults in payment to The Food Service Company, and details of how its account with The Food Service Company is conducted may be disclosed to any other creditor of the Customer, to approved third parties, and, to any registered Credit Bureau after 21 (twenty-one) days’ notice have been given to the Customer.
3. The Customer consents to the collection, processing and storage of Personal Information by The Food Service Company related to Data Subjects, for the purposes of both the opening and ongoing management of a Customer’s account.
4. The Customer warrants and represents that:
4.1. it has concluded a contract with each Data Subject; and that in terms of such contract, the Customer has obtained the consent from such person to the processing of Personal Information by suppliers and approved third parties, in the credit vetting process; and
4.2. the processing of Personal Information by The Food Service Company is necessary for the legitimate interests of The Food Service Company inter alia in The Food Service Company’s credit vetting, credit management and funding processes.
5. The Customer warrants that all Personal Information supplied to The Food Service Company is accurate, up to date, is not misleading and that it is complete in all respects.
6. The Customer undertakes to immediately advise The Food Service Company of any changes to the relevant Personal Information of a Data Subject, but not limited to, a change of ownership or control in the Customer.
7. The Food Service Company undertakes:
7.1. to act in accordance with POPIA in relation to the collection, processing and storing of Personal Information related to the Customer. The processing of Personal Information by The Food Service Company will be limited for the purposes set out herein and will not be excessive;
7.2. not to disclose the Customer’s Personal Information unless: (a) it is legally or contractually required or for its legitimate business purposes, or (b) permitted in terms of this agreement, including to Approved Third Parties; and
7.3. to use reasonable efforts in order to ensure that Personal Information related to Data Subjects in its possession or processed on its behalf is:
7.3.1. kept confidential;
7.3.2. stored in a secure manner; and
7.3.3. processed in terms of the provisions of POPIA, and, for the purposes for which Rand Pharm has been authorised;
7.4. to take reasonable steps to identify risks associated with the processing of the Customer’s information and establish safeguards against any such identified risks; and
7.5. to take reasonable steps to ensure that the Customer is notified in the event of a breach of the confidentiality of the Customer’s Personal Information.
8. The Customer has a right to lodge a complaint with the information Regulator if the Customer is of the view that its rights in terms of POPIA have been breached. The contact details of the information Regulator are:
• Telephone Number: 012 406 4818
• Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
• E-mail Address: POPIAComplaints@inforegulator.org.za
• enquiries@inforegulator.org.za
THE FOOD SERVICE COMPANY (PTY) LTD
REGISTRATION NUMBER: 2019/073275/07 / VAT NUMBER: 4410314225
199 ON EPSOM, 39 EPSOM AVENUE
NORTHRIDING, 2169
CONTACT NO: (010) 977 3663
www.foodserviceco.co.za / info@foodserviceco.co.za