For purposes of this Disclaimer –
("Confidential Information") means all information, in any format or material embodiment including, but not limited to, farming monitoring and evaluation information which a user of IQ Logistica Investments Proprietary Limited's ("IQ Logistica") information technology systems ("IT System") ("User") uploads and/or stores on the IT System and which such User has an interest in keeping confidential and which is disclosed by such User to IQ Logistica prior to, during the existence of or otherwise in connection with their engagement with IQ Logistica;
("Personal Information") shall have the meaning ascribed thereto in terms of section 1 of the Protection of Personal Information Act No. 04 of 2013 ("POPI"), namely: any information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to: information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language and birth of the person; information relating to the education or the medical, financial, criminal or employment history of the person; any identifying number, symbol, e-mail address, telephone number, location information, online identifier or other particular assignment to the person; the biometric information of the person; the personal opinions, views or preferences of the person; correspondence sent by the person that would reveal the contents of the original correspondence; the views or opinions of another individual regarding the person; and 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;
("POPI Policy") shall mean IQ Logistica's policy in terms of POPI; and
("Sensitive Information") means the Confidential Information and the Personal Information.
IQ Logistica shall –
only process Personal Information to fulfil the functions for which such information was uploaded and/or stored by the User on the IT System in accordance with POPI and subject to the POPI Policy; This document is available for inspection by the general public by clicking on the following link [IQL POPI and PAIA Policy V1 01.07.2021.pdf]
store all Confidential Information in a secure manner with the necessary safeguards in place to protect such Sensitive Information;
ensure that should it be required to transfer Personal Information outside of South Africa, that such transfer takes place in accordance with section 72 of the POPI Act;
not disclose any Confidential Information to any third party or make use of the Confidential Information unless the disclosure and/or use of such Confidential Information is required by IQ Logistica to perform its functions in terms of the engagement with the User or is required by law; and
return or destroy any material containing, pertaining to or relating to any Confidential Information disclosed by a User to IQ Logistica within 5 (five) days of receipt of a written request from a User requesting IQ Logistica to return or destroy such Confidential Information, unless otherwise required by law.
Notwithstanding the above provisions, by utilising the IT System each User fully and unconditionally consents to –
IQ Logistica's processing of Personal Information of the User in accordance with POPI and subject to the POPI Policy;
IQ Logistica's processing and/or storing of any Sensitive Information received from such User as may be required for IQ Logistica to fulfil its functions and duties in terms of its engagement with the User; and
the use of any Sensitive Information by IQ Logistica's directors, employees, representatives, agents and advisers to the extent strictly necessary for the purpose of IQ Logistica fulfilling its functions in terms of its engagement with the User or for obtaining professional advice. 
In utilising the IT System the User acknowledges and agrees that –
neither IQ Logistica nor any affiliate, officers, directors, partners or employees shall be held liable for any loss and/or damage from whatsoever cause and howsoever arising from the User's uploading and/or storing of Sensitive Information on the IT System nor from any data breaches which may occur in relation to the IT System; and
they shall not have any claim against IQ Logistica for any damage, harm and/or loss from whatsoever cause and howsoever arising, other than gross negligence on the part of IQ Logistica, as a result of IQ Logistica accessing, processing and/or storing the Sensitive Information.
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