PROCESSING OF PERSONAL INFORMATION, RIGHTS TO PRIVACY AND RICA

• Although IHappifyFibre respects you, the Customer’s privacy and to this end your right not to have your personal data misused or distributed to other persons, you, the Customer must comply with the provisions of RICA, which is a law which requires that bodies such as IHappifyFibre verify your details before they are able to provide you with a communication service or device. This clause sets out IHappifyFibre’s undertaking to protect and respect your personal data and not to misuse it.
• It also sets out your undertaking to comply with RICA.
• IHappifyFibre at any time reserves the right to make general credit reference enquiries about the Customer and to check the correctness of the information that has been supplied.
• IHappifyFibre shall also be entitled to furnish any information relating to the Customer’s account and compliance with these conditions to any registered credit bureau.
• THE CUSTOMER WARRANTS AND REPRESENTS THAT ALL INFORMATION SUPPLIED BY IT IS TRUE, CORRECT AND COMPLETE AND INDEMNIFIES AND HOLDS IHAPPIFYFIBRE HARMLESS AGAINST ALL CLAIMS, OF WHATSOEVER NATURE, THAT ARISE, DIRECTLY OR INDIRECTLY, AS A RESULT OF ANY INCORRECT INFORMATION BEING FURNISHED.
• IHappifyFibre will use the Customer’s information strictly in accordance with the Regulations promulgated in terms of Section 69 of the Act and undertakes to process and use the Customer personal data only for the purpose for which it has been collected and undertakes that this processing will be carried out in accordance with any notice, consent or other requirement which may be required by any applicable law in force in South Africa from time to time. IHappifyFibre furthermore will use the Customer’s information strictly in accordance with the provisions housed under its IHappifyFibre Individual Communications Service License.
• THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT WHERE IT DOES NOT COMPLY WITH THESE PROVISIONS THAT THIS WILL AMOUNT TO A MATERIAL BREACH BY THE CUSTOMER OF THIS AGREEMENT WHICH WILL ALLOW IHAPPIFYFIBRE TO CANCEL THE AGREEMENT AND TO CLAIM DAMAGES AS A RESULT OF THE CANCELLATION.
• The Customer also acknowledges and accepts that where it does not comply with the provisions set out under clause 9, that this will be a breach of RICA and this will give rise to a possible criminal charge and sanction being imposed against the Customer as per the requirements of RICA.