1. About this policy

We take the protection of personal information seriously and process it in line with the Protection of Personal Information Act 4 of 2013 (“POPIA”). Where the EU General Data Protection Regulation applies to a person, we also take reasonable steps to comply with it.

By using our website or the Respo Services, you acknowledge that we will process your personal information as described in this policy.

2. Our two roles

We process personal information in two different capacities:

• As a responsible party for information about our website visitors, people who contact us, our clients’ staff who use our software, and our business contacts. We decide why and how this information is processed.
• As an operator for information our clients capture in RAS. When a funeral parlour or other client uses RAS to manage its policyholders, members, dependants and beneficiaries, the client is the responsible party and we process that information only on the client’s instructions, under a written agreement as required by section 21 of POPIA.

If you are a policyholder or member of a funeral parlour that uses RAS, please direct questions about your policy information to that parlour first. We will help them respond.

3. Information we collect

When you use our website or contact us: your name, email address, phone number, company name and the content of your messages, including messages sent to us on WhatsApp; and technical information such as your IP address, browser type, device information and cookie data.

When your business is a Respo client: the names and work contact details of your staff users, usernames, records of activity in the system, and billing information.

Information processed in RAS on behalf of our clients: policyholder names, identity numbers, dates of birth, contact details and addresses; details of spouses, dependants and beneficiaries, which may include children; policy, premium and payment records; banking and debit order details; and claims information, including information about deceased persons and supporting documents such as death certificates.

4. Children’s information

POPIA treats anyone under the age of 18 as a child. RAS may contain information about children because clients capture them as dependants or beneficiaries on funeral policies. We process this information only on our client’s instructions, and the client is responsible for ensuring it has a lawful basis under POPIA to collect and process it.

Our website is not directed at children, and we do not knowingly collect children’s personal information through it.

5. How we use personal information

• to provide, maintain and improve the Respo Services;
• to set up and manage client accounts and user access;
• to respond to enquiries, demo requests and support requests;
• to process and record premium payments through our integrated payment partners on our clients’ instructions;
• to invoice clients and manage our business relationship;
• to keep the Respo Services secure, prevent fraud and fix problems;
• to understand how our services are used, using aggregated or anonymised information where possible; and
• to comply with our legal and regulatory obligations.

We do not sell personal information.

6. Sharing personal information

We only share personal information as described in this policy, with your consent, or where the law requires it. We may share it with:

• payment service providers integrated with RAS, currently Easypay, AddPay, Netcash and Pay@, so that premiums can be collected and recorded on our clients’ instructions;
• hosting, cloud, communication and IT service providers that help us run the Respo Services;
• our professional advisers, such as auditors and lawyers;
• regulators, courts, law enforcement or tax authorities where the law requires us to; and
• a buyer or successor if our business is sold or restructured, subject to the same protections.

Service providers who process personal information for us are bound by written agreements that require them to keep it confidential and secure and to use it only as we instruct.

7. Transfers outside South Africa

Our systems are hosted on cloud servers located in South Africa. Where personal information is transferred outside South Africa, we only do so where section 72 of POPIA allows it, for example where the recipient is subject to laws or binding agreements that provide an adequate level of protection.

8. How we protect personal information

We use reasonable technical and organisational measures to protect personal information against loss, damage and unauthorised access. These include individual user logins and access controls, encryption of data in transit, regular backups, and confidentiality obligations for our staff and service providers. No system is completely secure, but we work to keep our safeguards appropriate to the risks.

9. How long we keep information

We keep personal information only for as long as we need it for the purposes in this policy, or for longer where the law requires or allows us to. Information we process in RAS for a client is kept in line with our agreement with that client. When the agreement ends, we return or delete the client’s data as set out in our Commercial Terms, unless the law requires us to keep it.

10. Cookies and analytics

Our website uses cookies that are needed for it to work, and uses Google Analytics to understand how visitors use the site. Analytics information is used in aggregated form. You can set your browser to refuse cookies or alert you when cookies are sent, but some parts of the website may then not work properly.

11. Your rights

Subject to the limits set out in law, you have the right to:

• ask whether we hold your personal information and request access to it;
• ask us to correct or delete inaccurate, outdated or unlawfully held information;
• object to certain processing of your information, including for direct marketing;
• withdraw your consent where our processing is based on consent; and
• lodge a complaint with the Information Regulator.

To exercise these rights, email us at info@respo.co.za or write to us at 3 Miller Road, Windermere, Durban. If your request relates to policy information held in RAS, we may refer it to the funeral parlour concerned, as the responsible party.

12. Complaints to the Information Regulator

If you are not satisfied with how we have handled your personal information, you may complain to the Information Regulator of South Africa. Contact details are available at inforegulator.org.za.

13. Security compromises

If we have reasonable grounds to believe that personal information has been accessed or acquired by an unauthorised person, we will notify the Information Regulator and the affected people as POPIA requires. Where we hold the information as an operator for a client, we will notify that client immediately so that it can meet its own obligations.

To report a concern about our privacy practices, email info@respo.co.za.

14. Changes to this policy

We may update this policy from time to time, for example when the law or our services change. The latest version will always be on this page, with its effective date at the top.

1. Acceptance of these terms

By browsing or using our website, you agree to these terms. If you do not agree with them, please do not use the website.

2. Information on our website

The information on our website is provided for general information only. Product descriptions, screenshots and example figures are illustrative and may change as our products develop. Nothing on the website is legal, financial or insurance advice, and you should not rely on it as such.

3. Using our website

When using our website, you may not:

• copy, reproduce or distribute content from the website without our prior written consent, except for your own reasonable personal or business reference;
• use scrapers, crawlers or other automated tools to extract information from the website, other than standard search engine indexing;
• attempt to gain unauthorised access to the website, our servers or any connected system, or interfere with how they work;
• upload or transmit viruses or other harmful code;
• post or send content that is unlawful, defamatory, abusive or misleading; or
• link to or frame the website in a way that suggests that we endorse you or are associated with you without our permission.

4. Intellectual property

The website and its content, including the Respo and RAS names and logos, text, graphics, designs, software and page layouts, belong to Respo or our licensors and are protected by intellectual property laws. Using the website does not give you any rights in our intellectual property.

5. Third-party links and services

Our website links to services run by others, such as WhatsApp, Google Maps and the websites of our payment partners. We do not control these services and are not responsible for their content, availability or privacy practices. Your use of them is subject to their own terms.

6. Client Portal

The Client Portal at ras.respo.co.za is for authorised Respo clients and their users. Access to it is governed by our Terms of Use and Commercial Terms, or by the written agreement between Respo and the client.

7. Availability and liability

We work to keep the website available and accurate, but we provide it “as is” and “as available”. To the extent the law allows, we are not liable for any loss or damage arising from your use of, or inability to use, the website, including loss caused by interruptions, errors, viruses or the actions of third parties.

Nothing in these terms limits any rights you have, or any liability we have, that cannot be limited under South African law, including the Consumer Protection Act 68 of 2008 where it applies.

8. Indemnity

You agree to indemnify Respo, its directors and employees against any third-party claims, losses and reasonable legal costs arising from your breach of these terms or your unlawful use of the website.

9. Changes to the website and these terms

We may change, suspend or add to the website and these terms at any time. Changes apply from the moment they are published on this page.

10. Governing law

These terms are governed by the laws of the Republic of South Africa. You agree to the jurisdiction of the High Court of South Africa, KwaZulu-Natal Local Division, Durban, for any dispute about the website.

11. Information required by the Electronic Communications and Transactions Act

In terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002:

• Full name: Respo Technology (Pty) Ltd t/a Respo
• Registration number: 2018/359585/07
• Legal status: private company incorporated in South Africa
• Main business: Respo Technology develops and licenses software products for businesses, including RAS (Respo Admin System), a policy administration system for funeral parlours
• Office address: 3 Miller Road, Windermere, Durban
• Email: info@respo.co.za
• WhatsApp: 074 555 1703
• Website: respo.co.za

1. The Services

RAS (Respo Admin System) is a cloud-based policy administration system for funeral parlours. Depending on the Client’s subscription, it includes policy and member management, premium collection and payment tracking, claims processing, reporting and integrations with payment service providers.

We continually improve the Services, so features may be added, changed or removed over time. We will give the Client reasonable notice of any change that materially reduces the functionality the Client has paid for.

2. Accounts and users

• The Client must nominate at least one administrator who manages its Users.
• Each User must have their own login. Logins may not be shared.
• Users must keep their passwords and other credentials confidential. The Client is responsible for all activity carried out under its Users’ accounts.
• The Client must tell us immediately at info@respo.co.za if it suspects that an account has been used without authorisation.
• We may require additional security measures, such as stronger passwords or verification codes, to protect the Services.

3. The Client’s responsibilities

The Client is responsible for:

• the accuracy and completeness of the information it captures in RAS;
• having a lawful basis under POPIA for collecting and processing the personal information of its policyholders, members, dependants and beneficiaries, including children;
• complying with the laws and regulatory requirements that apply to its business and to the funeral policies it offers; and
• its own decisions about policies, payments and claims.

RAS is an administration tool. Respo is not an insurer, does not underwrite policies, and does not give legal, financial or insurance advice.

4. Payment partner integrations

RAS integrates with payment service providers, currently Easypay, AddPay, Netcash and Pay@, so that premiums paid through them can be recorded against the correct policy.

• Payments are processed by the payment provider, not by Respo, and are subject to that provider’s own terms, fees and settlement times.
• The Client may need a separate agreement with a payment provider before using its services.
• We record the payment information we receive from providers in RAS, but we are not responsible for a provider’s errors, delays or failure to process a payment.
• The Client remains responsible for reconciling payments received with its own bank records.

5. Acceptable use

The Client and its Users may not:

• sell, sublicense, rent or otherwise make the Services available to anyone other than the Client’s own business;
• copy, modify or create derivative works of the Services;
• reverse engineer the Services or use them to build a competing product;
• access the Services other than through the interfaces we provide;
• interfere with or disrupt the Services, including by hacking, denial-of-service attacks or uploading harmful code;
• use the Services to store or send unlawful, fraudulent, defamatory or offensive content; or
• use the Services in breach of any law, including POPIA.

6. Client data

• The Client owns the data it captures in RAS (“Client Data”).
• The Client allows Respo to host, process and back up Client Data as needed to provide, support and secure the Services.
• Respo processes personal information in Client Data as an operator on the Client’s behalf, as described in our Privacy Policy and Commercial Terms.
• The Client may export its Client Data during the term of its subscription. After the subscription ends, we will make Client Data available for export for 30 days and then delete it, unless the law requires us to keep it.
• We may use anonymised, aggregated information that does not identify the Client or any person to improve the Services.

7. Availability and support

We use reasonable efforts to keep the Services available and to schedule maintenance outside normal business hours where possible. We cannot guarantee that the Services will always be uninterrupted or error-free, as they depend on internet connections, hosting providers and other third-party systems.

Support is available by WhatsApp on 074 555 1703 and by email at info@respo.co.za during business hours, Monday to Friday from 09:00 to 17:00, excluding public holidays.

8. Licence and intellectual property

Subject to these terms and payment of the applicable fees, Respo grants the Client a limited, non-exclusive, non-transferable licence to use the Services for its internal business purposes during its subscription. Respo and its licensors own all rights in the Services, including the software, designs and the Respo and RAS names and logos. If the Client or its Users give us suggestions or feedback, we may use them to improve the Services without any obligation to the Client.

9. Suspension

We may suspend access to the Services, in whole or in part, if fees are overdue as set out in the Commercial Terms, if we reasonably believe there is a security risk, or if the Client or a User breaches these terms. Where reasonable, we will give notice and an opportunity to fix the problem before suspending access.

10. Changes to these terms

We may update these terms from time to time. We will notify Clients of material changes in writing at least 30 days before they take effect. If there is a conflict between these terms and the Commercial Terms or a signed agreement with the Client, the Commercial Terms or signed agreement will apply.

1. Appointment and acceptance

• The Client appoints Respo, on a non-exclusive basis, to provide the services described in the accepted quotation or order form and in the Terms of Use (the “Services”), and Respo accepts the appointment.
• This Agreement starts on the date the Client signs or accepts a quotation, order form or these terms electronically (the “Effective Date”).
• The person accepting this Agreement confirms that they are authorised to bind the Client.

2. Fees

• The Client will pay the fees set out in the accepted quotation or order form (the “Fees”). Fees may include once-off fees for setup, data migration and training, and recurring subscription fees.
• Respo will invoice recurring Fees monthly or annually in advance, as agreed. All Fees exclude VAT, which will be added where applicable.
• Payment is due within 7 days of the invoice date, by EFT or debit order into the bank account shown on the invoice, without set-off or deduction.
• Respo may increase the Fees once a year, on or after each anniversary of the Effective Date, by giving the Client at least 30 days’ written notice.
• Expenses incurred at the Client’s request, such as travel for on-site training, must be agreed in advance and will be invoiced separately.

3. Late payment

If any amount is not paid when due, Respo may charge interest on the overdue amount at a rate of 12% per year from the due date until payment is made in full. If any amount remains unpaid for more than 30 days after the due date, Respo may suspend the Services on written notice until the account is brought up to date.

4. Term and termination

• This Agreement continues on a month-to-month basis, unless the quotation or order form sets a fixed term, until terminated in writing.
• Either party may terminate this Agreement for any reason on 30 days’ written notice to the other.
• Respo may terminate this Agreement immediately on written notice if the Client is in material breach and fails to remedy it as set out in clause 14, fails to pay Fees within 30 days of the due date, is placed under business rescue or liquidation (provisionally or finally), makes a compromise with its creditors, or commits an act of insolvency.

When this Agreement ends:

• all amounts owing become due immediately;
• the Client may export its Client Data as set out in the Terms of Use, after which Respo will delete it unless the law requires it to be kept; and
• each party will return or destroy the other’s Confidential Information.

Termination does not affect rights and obligations that arose before it, or clauses that by their nature continue after termination.

5. Non-exclusivity

This Agreement is non-exclusive. The Client may use other service providers, and Respo may provide the same or similar services to other clients.

6. Intellectual property

• Respo and its licensors own all intellectual property in the Services, including the software, designs, documentation and any improvements, modifications or derivative works of them, whoever suggests them.
• The Client owns its Client Data. Nothing in this Agreement transfers ownership of Client Data to Respo.
• Respo grants the Client a licence to use the Services as set out in the Terms of Use.

7. Warranties

Each party warrants that it has the authority to enter into and perform this Agreement, and that doing so does not breach any other agreement it is bound by.

Respo will provide the Services with reasonable skill and care. Apart from this and anything else expressly stated in this Agreement, and to the extent the law allows, the Services are provided “as is” and Respo gives no other warranties, including that the Services will be uninterrupted, error-free or suitable for a particular purpose.

8. Limitation of liability

To the extent the law allows, Respo’s total liability to the Client under or in connection with this Agreement, whether in contract, delict or otherwise, is limited to the Fees paid by the Client in the 12 months before the event giving rise to the claim. This limit does not apply to liability arising from fraud, wilful misconduct, or anything else that cannot be limited by law.

9. No indirect or consequential loss

Neither party will be liable to the other for any indirect, special or consequential loss or damage, including loss of profit, revenue, goodwill or business opportunity, however it arises, even if it was foreseeable.

10. Indemnity

The Client indemnifies Respo, its directors and employees against third-party claims, losses, penalties and reasonable legal costs arising from the Client’s use of the Services in breach of this Agreement or the law, including any claim that the Client did not have a lawful basis to process personal information it captured in RAS.

11. Confidentiality

• Each party will keep the other’s Confidential Information confidential and use it only to perform this Agreement.
• A party may share Confidential Information only with its employees, contractors and advisers who need it for that purpose and who are bound by similar confidentiality obligations.
• These obligations do not apply to information that was already lawfully known to the receiving party, becomes public other than through a breach of this Agreement, or is lawfully received from a third party without a duty of confidentiality.
• A party may disclose Confidential Information if required by a court order or by law, provided it gives the other party prompt written notice where the law allows, so that it can seek protection.
• These obligations survive the end of this Agreement.

12. Data protection

• For the purposes of POPIA, the Client is the responsible party and Respo is an operator in respect of personal information in Client Data.
• Respo will process that personal information only with the Client’s knowledge and authorisation and as needed to provide the Services, unless the law requires otherwise.
• Respo will treat that personal information as confidential and maintain appropriate, reasonable technical and organisational security measures, as required by sections 19 to 21 of POPIA.
• Respo will notify the Client immediately if it has reasonable grounds to believe that personal information in Client Data has been accessed or acquired by an unauthorised person.
• Respo may use sub-operators, such as hosting providers and integrated payment service providers, to deliver the Services, provided they are bound by written terms that protect personal information.

13. Force majeure

Except for obligations to pay money, neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, such as natural disasters, load-shedding or other utility failures, failures of internet or hosting providers, pandemics, civil unrest, war or acts of government. Performance is extended for as long as the event continues. If it continues for more than 60 days, either party may terminate this Agreement immediately on written notice.

14. Breach

If a party breaches a material term of this Agreement and does not remedy the breach within 14 days of receiving written notice to do so, the other party may, without limiting its other rights, either claim specific performance or cancel this Agreement on written notice, and in either case claim damages.

15. Dispute resolution

• The parties will first try to resolve any dispute through good-faith discussion between senior representatives.
• If the dispute is not resolved within 14 days, either party may refer it to arbitration in Durban, conducted in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) by an arbitrator agreed by the parties or, failing agreement within 14 days, appointed by AFSA.
• The arbitration will be held in private, and the arbitrator’s award will be final and binding.
• Nothing in this clause prevents a party from seeking urgent or interim relief from a court.

16. General

• Notices: notices must be in writing and sent to Respo at info@respo.co.za or 3 Miller Road, Windermere, Durban, and to the Client at the email or physical address it provided. A notice sent by email is treated as received on the day it is sent, if sent on a business day.
• Assignment: neither party may cede or assign its rights or obligations without the other’s prior written consent, which may not be unreasonably withheld.
• Relationship: the parties are independent contractors. Neither is the partner or agent of the other.
• Whole agreement: this Agreement, the Terms of Use, the Privacy Policy and any accepted quotation or order form are the whole agreement between the parties. If there is a conflict, a signed agreement or accepted order form prevails, then these Commercial Terms, then the Terms of Use.
• Variation: changes to this Agreement must be in writing and agreed by both parties, except for updates to the Terms of Use made as set out in those terms.
• No waiver: a party’s failure or delay in enforcing a right does not waive that right.
• Severability: if any provision is found invalid or unenforceable, it will be severed and the rest of this Agreement will continue to apply.
• Governing law and jurisdiction: this Agreement is governed by the laws of the Republic of South Africa. Subject to the dispute resolution clause, the parties submit to the jurisdiction of the High Court of South Africa, KwaZulu-Natal Local Division, Durban.

17. Definitions

• Business Day means any day other than a Saturday, Sunday or South African public holiday.
• Client Data means all data, including personal information, that the Client or its Users capture in or upload to the Services.
• Confidential Information means the terms of this Agreement and any non-public information one party discloses to the other, including information about its business, products, pricing, software, clients and finances, and in the Client’s case its Client Data.
• POPIA means the Protection of Personal Information Act 4 of 2013.
• Users means the people the Client allows to use the Services.