1. INTERPRETATION

1.1 In this Agreement, unless inconsistent with or otherwise indicated by the context –

1.1.1 “this agreement” refers to the agreement contained in this document;

1.1.2 “the company/service provider” refers to Captivity Headwear and Apparel and includes its affiliated, holding and subsidiary companies;

1.1.3 “confidential information” includes, but is not limited to:

1.1.3.1 any information in respect of know-how, formulae, processes, systems, business methods, marketing methods, promotional plans, financial models, inventions, long-term plans and any/all other information of the client and the company in whatever form it may be;

1.1.3.2 all internal control systems of the client and the company;

1.1.3.3 details of the financial structure and any/all other financial and operational information of the client and the company; and

1.1.3.4 any arrangements between the client and the company and others with whom they have business arrangements of whatsoever nature, all of which the client and the company regarded as secret and confidential.

1.1.4 “personal information” refers to the term personal information as defined in the Protection of Personal Information Act adopted by the Republic of South Africa on 26 November 2013 and includes but is not limited to:

1.1.4.1 information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

1.1.4.2 information relating to the education or the medical, financial, criminal or employment history of the person;

1.1.4.3 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignments to the person;

1.1.4.4 the biometric information of the person;

1.1.4.5 the personal opinions, views or preferences of the person;

1.1.4.6 correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

1.1.4.7 the views or opinions of another individual about the person; and

1.1.4.8 the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

1.1.5 “the effective date” refers to the date of signature of this agreement;

1.1.6 “the parties” refers to the parties as described hereinabove;

1.1.7 “divulge” or “make use of” refers to the definition “to reveal, make known, disclose, make public, release, publicise, broadcast, communicate or correspond” or any such other manners of divulging of any/all information.

1.1.8 ‘‘processing’’ refers to any operation or activity or any set of operations, whether or not by automatic means, concerning personal or any/all information, including but not limited to:

(a) the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

(b) dissemination through transmission, distribution or making available in any/all other forms; or

(c) merging, linking, as well as restriction, degradation, erasure or destruction of information.

1.1.9 “POPI” refers to the Protection of Personal Information Act adopted by the Republic of South Africa on 26 November 2013 and as amended.

WHEREAS IT IS AGREED THAT

All parties agree that they will comply with POPI regulations and process all the information and/or personal data in respect of the services being rendered following said regulation and only to provide the services set out in the agreement.

The company (also referred to as the service provider), all the parties to this agreement, the company’s employees and the client’s employees and/or any subsequent party/parties to this agreement acknowledge and confirm that one or more of the parties to this agreement will possess and will continue to possess information that may be classified or may be deemed as private, confidential or as personal information.

Such information may be deemed as private, confidential or as personal information in terms as it relates to any party to this agreement.

Such information may also be deemed as or considered as private, confidential or as personal information of any third party person who may be directly or indirectly associated with this agreement.

Further, it is acknowledged and agreed by all parties to this agreement, that the abovementioned private, confidential or personal information may have value and said information may or may not be in the public domain.

For purposes of rendering services on behalf of the client, the service provider and any party associated with this agreement and/or any subsequent or prior agreement that may have been/will be entered into, irrevocably agree that “confidential information” shall also include inter alia and shall mean inter alia:

(a) all information of any party which may or may not be marked “confidential,” “restricted,” “proprietary” or with a similar designation;

(b) where applicable, any/all data and business information;

(c) where applicable the parties may have access to data, personal and business information regarding clients, employees, third parties and the like including personal information as defined in the POPI regulation; and

(d) trade secrets, confidential knowledge, know-how, technical information, data or other proprietary information relating to the client/service provider or any third party associated with this agreement and (including without limitation) all products information, technical know-how, software programs, computer processing systems and techniques employed or used by either party to this agreement and/or their affiliates.

By signature hereunder, all parties irrevocably agree to abide by the terms and conditions as set out in this agreement as well as irrevocably agree and acknowledge that all information provided, whether personal or otherwise mentioned, may be used and processed by the service provider and such use may include placing said information in the public domain.

Further, it is specifically agreed upon that the service provider will to the best of its endeavours, and take all reasonable precautions to ensure that any information provided, is only used for the purposes it has provided.

It is agreed that such information may be placed in the public domain and by signature hereunder, all parties acknowledge that they have read all of the terms in this policy and that they understand and agree to be bound by the terms and conditions as set out in this agreement.

It is confirmed that by submitting information to the service provider, irrespective as to how such information is submitted, the client consents to the collection, collation, processing, and storing of such information and the disclosure of the use of said information following this policy.

SHOULD THE CLIENT NOT AGREE TO THE TERMS AND CONDITIONS AS SET OUT IN THIS AGREEMENT AND CONSENT DECLARATION THE CLIENT MUST NOTIFY THE SERVICE PROVIDER IMMEDIATELY ON info@captivity.co.za

FAILING TO MAKE CONTACT WITH THE SERVICE PROVIDER WITHIN A TIMELY MANNER WILL BE DEEMED THAT THE CLIENT ACCEPTS AND AGREES TO THE TERMS AND CONDITIONS SET OUT ABOVE.