Agreement Reference Number: [Enter Number]
Effective Date: [Enter Date]
Parties Involved: SayPro & [Recipient Name]
1. PARTIES
1.1 SAYPRO (DATA OWNER)
Company Name: SayPro
Company Registration Number: 2018 / 537703 / 07
Registered Address: 167 14th Road, Midrand, Gauteng, South Africa, 1685
Representative: Mr. Neftaly Vutisani Malatjie, SayPro Chief Executive Officer
(Hereinafter referred to as the “Data Owner”).
1.2 RECIPIENT (DATA RECEIVER)
Organization/Individual Name: [Enter Name]
Registration Number (if applicable): [Enter Number]
Physical Address: [Enter Address]
Representative Name: [Enter Name]
Position: [Enter Position]
(Hereinafter referred to as the “Data Receiver”).
2. PURPOSE OF AGREEMENT
- SayPro owns and controls sensitive data that must be protected.
- The Data Receiver is granted access to specific sensitive data for [Specify Purpose: research, partnership, compliance, project collaboration, etc.].
- This Agreement defines the rights, responsibilities, and security measures related to handling sensitive data.
3. DEFINITION OF SENSITIVE DATA
For the purposes of this Agreement, “Sensitive Data” includes but is not limited to:
- Personal Data (Names, Identification Numbers, Contact Details, etc.).
- Financial Data (Banking Information, Payment Records, etc.).
- Confidential Business Information (Trade Secrets, Strategies, Unpublished Research, etc.).
- Health Data (Medical Records, Insurance Information, etc.).
- Any data classified as sensitive by South African data protection laws (e.g., POPIA).
4. DATA ACCESS & USAGE TERMS
The Data Receiver agrees to:
- Use the Sensitive Data only for the purpose stated in this Agreement.
- Keep the data strictly confidential and prevent unauthorized access.
- Store, process, and dispose of data in compliance with applicable data protection laws.
- Not copy, distribute, transfer, or share Sensitive Data with any third party without written approval from SayPro.
5. DATA SECURITY MEASURES
The Data Receiver agrees to implement the following security measures:
- Encryption: All digital data must be encrypted using industry-standard encryption methods.
- Access Control: Data must be accessed only by authorized personnel.
- Secure Storage: Physical and digital records must be securely stored.
- Data Retention Policy: Data may be stored only for the agreed duration and must be destroyed afterward.
- Incident Reporting: Any data breaches or security incidents must be reported to SayPro immediately.
6. DATA TRANSFER & STORAGE
- Sensitive Data shall not be transferred outside the agreed jurisdiction without SayPro’s written approval.
- Cloud storage, if applicable, must be hosted in compliant and secure environments.
- The Data Receiver shall maintain logs of all access and modifications to the data.
7. BREACH OF AGREEMENT & PENALTIES
- Any unauthorized use, disclosure, or breach of this Agreement will result in:
- Immediate termination of this Agreement.
- Legal action and potential financial penalties.
- The Data Receiver being held liable for any damages resulting from the breach.
8. COMPLIANCE WITH DATA PROTECTION LAWS
The Data Receiver must comply with all relevant data protection laws, including but not limited to:
- Protection of Personal Information Act (POPIA) – South Africa
- General Data Protection Regulation (GDPR) – If applicable
- Any other relevant laws based on the jurisdiction of data processing
Failure to comply with these laws will result in immediate contract termination and legal liability.
9. DURATION & TERMINATION
- This Agreement is effective from [Start Date] until [End Date] or until terminated by either party.
- SayPro may terminate this Agreement if the Data Receiver violates any terms.
- Upon termination, the Data Receiver must destroy or return all Sensitive Data and provide written confirmation.
10. DISPUTE RESOLUTION
- Any disputes arising from this Agreement shall first be resolved through negotiation.
- If unresolved, the matter shall be referred to mediation/arbitration under South African law.
11. GENERAL PROVISIONS
- Entire Agreement: This document represents the full understanding between both parties.
- Amendments: Any modifications must be in writing and signed by both parties.
- Governing Law: This Agreement is governed by the laws of South Africa.
12. SIGNATURES
Signed on Behalf of SayPro (Data Owner)
Mr. Neftaly Vutisani Malatjie
SayPro Chief Executive Officer
Signature: _________________________
Date: _________________________
Signed on Behalf of [Data Receiver]
[Representative Name]
[Position]
Organization Name: [Enter Name]
Signature: _________________________
Date: _________________________
Witnesses
Witness 1:
Mr. Clifford Lesiba Legodi
SayPro Chief Operations Officer
Signature: _________________________
Date: _________________________
Witness 2:
Miss Tsakani Stella Rikhotso
SayPro Chief Learning and Monitoring Officer
Signature: _________________________
Date: _________________________
Witness 3:
Mr. Puluko Nkiwane
SayPro Chief Marketing Officer
Signature: _________________________
Date: _________________________
