By accessing and utilising our photo capture and API sharing service (the "Service"), you agree to these Terms and Conditions, thoughtfully designed to build a fair, transparent, and collaborative relationship between InView3D and our clients, in full compliance with the laws of the Republic of South Africa, including the Protection of Personal Information Act, 2013 (POPIA) and the Consumer Protection Act, 2008 (CPA). We grant you a limited, non-exclusive, revocable licence to integrate and distribute images captured through our high-quality, real-time photography solutions via our secure API, solely for your legitimate business purposes and in accordance with the Copyright Act, 1978, while we retain all intellectual property rights in the content to safeguard its integrity and value. You undertake to use the Service responsibly, in line with all applicable South African laws, upholding privacy obligations under POPIA (including lawful processing of any personal information in images), and avoiding unauthorised modifications, reproductions, or resale of the images. In exchange, we commit to delivering exceptional reliability, swift performance, and responsive support to empower your endeavours. To the fullest extent permitted by law, including the Consumer Protection Act, 2008 (Act No. 68 of 2008), we limit our liability for any indirect, consequential, or incidental damages arising from your use of the Service. These Terms are governed by the laws of the Republic of South Africa, and any disputes shall first be resolved amicably through mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA), failing which they will be submitted to the non-exclusive jurisdiction of the High Court of South Africa. We're delighted to partner with you—let's capture the moments that propel your success.
InView3D complies with the Protection of Personal Information Act, 2013 (POPIA) of the Republic of South Africa—a foundational statute that safeguards individuals' constitutional right to privacy by mandating the lawful, secure, and responsible processing of personal information, including identifiable elements in images, by public and private bodies alike. In delivering our photo capture and API sharing Service, wherein real-time images may contain personal data such as facial features or geolocation details, we ensure adherence via rigorous protocols: securing explicit consent from data subjects as required, implementing advanced encryption and stringent access controls for data transmissions, performing periodic privacy impact assessments, and limiting data retention to the minimum necessary for operational purposes—whilst providing transparent mechanisms for clients to oversee and audit data handling. This adherence to POPIA's eight conditions for lawful processing not only reinforces regulatory conformity but also strengthens our collaborative framework, enabling clients to deploy compelling visual assets with assured integrity and minimal risk.
Visit www.popia.co.za for detailed POPIA.
InView3D complies with the Promotion of Access to Information Act, 2000 (PAIA) of the Republic of South Africa—a pivotal statute that enacts the constitutional right to access any information held by the State or private bodies, thereby promoting openness, accountability, and effective governance in society. In delivering our photo capture and API sharing Service, wherein records pertaining to captured images, API usage logs, and client engagements may be subject to access requests, we ensure adherence through meticulous protocols: maintaining a comprehensive and publicly accessible PAIA manual on our website, implementing streamlined procedures for the submission, evaluation, and timely response to information requests within statutory deadlines, and safeguarding sensitive elements such as third-party personal data or proprietary algorithms in accordance with permissible grounds for refusal—all whilst facilitating equitable access to non-exempt records. This resolute adherence to PAIA's framework not only fulfils our statutory obligations but also bolsters the integrity of our collaborative ecosystem, instilling confidence in clients as they leverage our innovative visual assets for sustained success
Visit www.accesstoinformation.co.za for detailed PAIA .
The Protection of Personal Information Act, 2013 (POPIA), the Promotion of Access to Information Act, 2000 (PAIA), and the General Data Protection Regulation (GDPR) are foundational legal frameworks, each addressing distinct yet interconnected aspects of information governance. POPIA and GDPR primarily safeguard personal data privacy, while PAIA emphasizes transparency through access rights. Below is a structured comparison of their core differences across essential dimensions.
Aspect | POPIA (South Africa) | PAIA (South Africa) | GDPR (European Union) |
---|---|---|---|
Primary Purpose | To protect personal information by regulating its lawful processing, ensuring privacy rights and preventing misuse. | To promote democratic governance by enabling access to information held by public and private bodies, fostering transparency and accountability. | To protect the fundamental right to privacy by establishing rules for processing personal data, with a focus on individual control and high standards of protection. |
Scope of Application | Applies to the processing of personal information pertaining to both natural persons and juristic (legal) entities within South Africa, including cross-border transfers under specific conditions. | Covers requests for access to any recorded information held by state organs or private bodies, subject to exemptions for commercial confidentiality or privacy. | Applies to the processing of personal data of natural persons (individuals) where the processing occurs within the EU or targets EU residents, regardless of the processor's location. |
Key Rights/Principles | Emphasizes accountability, lawful processing, data minimization, and rights like access, correction, and objection; requires an Information Officer for compliance. | Grants the right to request and receive information, with mandatory procedures for requests and grounds for refusal (e.g., to protect third-party privacy under POPIA). | Includes rights to access, rectification, erasure ("right to be forgotten"), data portability, and objection; mandates a Data Protection Officer for certain organizations and principles like purpose limitation and pseudonymization. |
Territorial Reach | Primarily extraterritorial for processing linked to South African activities, but focused on domestic operations. | Limited to South African public and private bodies; no direct extraterritorial effect. | Broad extraterritorial scope, applying to non-EU entities offering goods/services to or monitoring EU data subjects. |
Enforcement and Penalties | Enforced by the Information Regulator; penalties include fines up to ZAR 10 million or imprisonment up to 10 years for serious violations. | Overseen by the Information Regulator; non-compliance may lead to administrative fines or judicial review, but less emphasis on criminal sanctions. | Enforced by national Data Protection Authorities; fines up to €20 million or 4% of global annual turnover, whichever is greater. |
Notable Distinctions | Does not explicitly include data portability; treats criminal offenses as special personal information; aligns closely with GDPR but adapts to South African context, including protections for juristic persons. | Complements POPIA by balancing access with privacy (e.g., PAIA requests can be refused to comply with POPIA); focuses on openness rather than restriction. | More prescriptive on international transfers (e.g., adequacy decisions); excludes juristic persons from core protections; requires explicit consent for sensitive data processing. |
In summary, POPIA serves as South Africa's GDPR equivalent, prioritizing privacy with adaptations for local needs, whereas PAIA uniquely advances informational transparency as a public good. Organizations operating across jurisdictions must navigate these frameworks holistically to ensure compliance, particularly where PAIA intersects with POPIA in access requests involving personal data.
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