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Christmas Lunch 2021

Hartbeespoortdam

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Service Terms and Conditions

Craft - Data Protection & Confidentiality

1. PROPRIETARY DATA
Ownership. Ownership in all proprietary Data, whether under its control or not, shall, as between the
Parties, continue to vest in the Party providing such data or to whom such data relates (“Owner”) and no
other Party shall obtain any rights therein save as is strictly required to carry out its obligations in this
Agreement. Privacy and protection of personal information.
General. Each Party is responsible for complying with its respective obligations under applicable privacy
and protection of personal information laws governing Proprietary Data.
Access. On the Owner’s reasonable written request, the other Parties will provide such Owner with the
information that they have regarding its proprietary Data and the processing thereof that is necessary to
enable the Owner to comply with its obligations under this clause 1 and applicable privacy, protection of
personal information and access to information laws. Without prejudice to the generality of the aforegoing,
Craft will comply with any personal information given to it by the XX as though the Protection of Personal
Information Act were fully in effect.
Restricted use. Each Party may only use an Owner’s Proprietary Data strictly to comply with their
obligations in terms of this Agreement and as otherwise required in terms of applicable Law or by any
Regulatory Authority. This means, amongst other things, that Craft may not contact any Loyalty Member of
the Loyalty Programme for any purpose other than as strictly required in terms of this Agreement. For the
avoidance of doubt, this means that Craft may not send any marketing material to such members. This
clause shall survive the termination of this Agreement
Preservation of integrity of Proprietary Data. The Parties shall take reasonable precautions to preserve
the integrity of proprietary Data and to prevent any unauthorised access, corruption or loss of proprietary
Data.
Return of data. On termination of this Agreement, each Party shall return to the respective Owner, in the
form in which it was received, all of such Owners proprietary Data or related information provided to the
Party for the purpose of the performance of this Agreement.

2. CONFIDENTIAL INFORMATION
Confidentiality obligation. Each Party (“Receiving Party”) must treat and hold as confidential all
information which it may receive from the other Parties (each a “Disclosing Party”) or which becomes
known to it during the currency of this Agreement.
Nature. The confidential information of the Disclosing Party shall include—
2.1.1 proprietary Data;
2.1.2 all information relating to—
2.1.2.1 the Disclosing Party’s past, present and future research and development;
2.1.2.2 the Disclosing Party’s business activities, pricing, products, services, customers, as well as
the Disclosing Party’s technical knowledge and trade secrets; and
2.1.2.3 the terms of this Agreement.

The Receiving Party’s obligations. The Receiving Party agrees that in order to protect the proprietary
interests of the Disclosing Party in the Disclosing Party’s confidential information—
2.1.3 it shall only use the confidential information for the purposes of complying with its obligations
under this Agreement;
2.1.4 it shall only make the confidential information available to those of the Receiving Party’s
Personnel who are actively involved in the execution of the Receiving Party’s obligations under
this Agreement and then only on a “need to know” basis;
2.1.5 it shall initiate internal security procedures reasonably acceptable to the Disclosing Party to
prevent unauthorised disclosure and obtain binding confidentiality undertakings from those
Personnel who need to be given access to confidential information;
2.1.6 subject to the right to make the confidential information available to its Personnel under clause 0,
it shall not at any time use any confidential information of the Disclosing Party or directly or
indirectly disclose any confidential information of the Disclosing Party to third parties; and
2.1.7 all written instructions, drawings, notes, memoranda and records of whatever nature relating to
the confidential information of the Disclosing Party which have or shall come into the possession
of the Receiving Party and its Personnel, shall be and shall at all times remain the sole and
absolute property of the Disclosing Party and shall promptly be handed over to the Disclosing
Party when no longer required for the purposes of this Agreement.

Effect of termination. On termination or expiry of this Agreement, the Parties will deliver to each other or,
at the Disclosing Party’s option, destroy all originals and copies of confidential information in their
possession.

Exceptions. These obligations shall not apply to any information which—
2.1.8 is lawfully in the public domain at the time of disclosure;
2.1.9 subsequently and lawfully becomes part of the public domain by publication or otherwise;
2.1.10 subsequently becomes available to the Receiving Party from a source other than the Disclosing
Party, which source is lawfully entitled without any restriction on disclosure to disclose the
confidential information; or
2.1.11 is disclosed pursuant to a requirement or request by operation of law, regulation or court order.

Survival. This clause is severable from the remainder of this Agreement and shall remain valid and binding
on the Parties, notwithstanding any termination, indefinitely.



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