PROTECTION OF PERSONAL INFORMATION ACT NO.4 OF 2013 (POPIA)
MANUAL (CODE OF CONDUCT)
(SMSWEB ‘THE COMPANY’)
1. The Company (hereinafter also includes all its company members) are required to comply with this Code of Conduct insofar as those sections of this Code of Conduct are relevant and applicable to the services provided by that of the Company.
2. This Code of Conduct applies to services offered by the Company.
B. Freedom of expression
3. The Company must respect the constitutional right to freedom of speech and expression.
C. Privacy and confidentiality
4. The Company must respect the constitutional right of its customers to personal privacy and privacy of communications.
5. The Company must respect the confidentiality of all customer’s personal information and electronic communications. The Company must only gather or retain customer’s information as permitted by law and must not sell or distribute such information to any other party without the written consent of the customer, except where required to do so by law.
D. Consumer protection and provision of information to customers
6. The Customer must provide the following information: his/her/it/their registered name, email address, telephone and fax numbers and physical address.
7. The Company must have policies for acceptable or fair use for all the information. This policy must be made available to customers prior to the collection of any such information and at any time thereafter, on request.
8. Policies for acceptable or fair use must include:
- a requirement that the Company will not knowingly create, store, or disseminate any illegal content.
- a commitment by the Company to lawful conduct in the use of the services, including copyright and intellectual property rights, and;
- an undertaking by the Company not to send or promote the sending of spam.
9. In their dealings with customers and other businesses, the Company must act fairly, reasonably, professionally and in good faith. Pricing and other material information about services must be clearly and accurately conveyed to customers and potential customers.
E. Unsolicited communications (“spam”)
10. The Company must not send or promote the sending of unsolicited electronic communications and must take reasonable measures to ensure that their networks are not used by others for this purpose.
F. Cybercrime (prevention)
11. The Company must take all reasonable measures to prevent unauthorized access to, interception of, or interference with any data on its network and under its control.
G. Protection of vulnerable persons
12. The Company must provide Internet access and information about online safety to all other company members.
H. Lawful conduct
13. The Company must always conduct themselves lawfully and must co-operate with law enforcement authorities within the applicable legal framework.
14. The Company must respect intellectual property rights and not knowingly infringe such rights.
15. The Company must uphold and abide by this Code of Conduct and adhere to the associated complaints and disciplinary procedures.
I. Unlawful content and activity
16. There is no general obligation on the Company to monitor services provided to customers, but the Company is obliged to take appropriate action where it becomes aware of any unlawful content or conduct.
17. The Company must not knowingly host or provide links to unlawful content, except when required to do so by law.
J. Compliance with the Code of Conduct
18. The Company must make all reasonable efforts to resolve complaints in accordance with the complaint’s procedure.
19. Proceedings as set out in the Code of Conduct complaint and disciplinary procedure.