Personal Data and General Confidentiality Agreement

Parties: This Personal Data and General Confidentiality Agreement (the "Agreement") is entered into by and between NiBytes, a company with principal offices located at [Your Address] ("Company"), and [Client Name], an individual/entity residing at [Client Address] ("Client").

1. Purpose  The purpose of this Agreement is to outline the terms and conditions under which the Company will handle and protect personal data and maintain confidentiality in accordance with Zimbabwean and South African laws.

2. Definitions

• Personal Data: Any information relating to an identifiable person, including but not limited to name, address, telephone number, race, national or ethnic origin, religious or political beliefs, age, sex, marital status, and health information.
• Confidential Information: Any non-public information disclosed by either party to the other, including but not limited to business plans, financial data, and proprietary information.

3. Compliance with Laws The Company agrees to comply with the Cyber and Data Protection Act [Chapter 12:07] of Zimbabwe and the Protection of Personal Information Act (POPIA) of South Africa.

4. Data Collection and Processing

• The Company shall collect and process personal data only for specified, explicit, and legitimate purposes.
• Personal data shall be processed lawfully, fairly, and in a transparent manner.

5. Data Security The Company shall implement appropriate technical and organizational measures to ensure the security of personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

6. Confidentiality Obligations

• Both parties agree to maintain the confidentiality of any Confidential Information disclosed under this Agreement.
• Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party.

7. Data Subject Rights The Company shall ensure that data subjects have the following rights:

• Right to be Informed: Data subjects have the right to know what personal data is collected, why it is collected, who is collecting it, and how long it will be retained.
• Right of Access: Data subjects have the right to access their personal data and obtain information about how it is being processed.
• Right to Rectification: Data subjects have the right to request correction of inaccurate or incomplete personal data.
• Right to Erasure: Data subjects have the right to request the deletion of their personal data under certain conditions.
• Right to Restrict Processing: Data subjects have the right to request the restriction of processing of their personal data under certain circumstances.
• Right to Data Portability: Data subjects have the right to receive their personal data in a structured, commonly used, and machine-readable format and to transmit that data to another controller.
• Right to Object: Data subjects have the right to object to the processing of their personal data on grounds relating to their particular situation.
• Rights Related to Automated Decision-Making: Data subjects have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them.

8. Data Retention Policies

• The Company shall retain personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws and regulations.
• Personal data shall be securely deleted or anonymized once it is no longer needed.
• The Company shall maintain a data retention schedule that specifies the retention periods for different types of data.

9. Data Breach Notification In the event of a data breach, the Company shall notify the relevant authorities and affected data subjects without undue delay, in accordance with applicable laws.

10. Term and Termination This Agreement shall commence on [Start Date] and shall continue until [End Date], unless terminated earlier in accordance with this Agreement. Either party may terminate this Agreement upon [Number] days' written notice if the other party is in material breach of its obligations under this Agreement.

11. Governing Law This Agreement shall be governed by and construed in accordance with the laws of Zimbabwe and South Africa.

12. Miscellaneous

• This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether oral or written, relating to this Agreement's subject matter.
• This Agreement may not be amended or modified except in writing signed by both parties.