Legal
Data Processing Agreement
This DPA applies when Mvision Web hosts or processes personal information for your business.
1. Definitions
In this Data Processing Agreement ("DPA"), "personal information", "processing", "responsible party", "operator", "data subject", and "Information Regulator" have the meanings given in the Protection of Personal Information Act 4 of 2013 ("POPIA"). "Services" means the hosting, email, domain, backup, and support services provided by Mvision Web.
2. Roles
You, the client, are the responsible party for the personal information you upload to or process through the Services. Msimanga Vision (Pty) Ltd, trading as Mvision Web, is the operator. We process personal information only on your documented instructions, unless the law requires otherwise.
3. Scope and purpose
This DPA applies where we host or process personal information on your behalf, including website files, databases, email, backups, and support data. The purpose is to provide, secure, support, and maintain the Services. The categories of data subjects and personal information depend on what you choose to store or process.
4. Operator obligations
We will:
- process personal information only on your instructions and for the Services;
- keep personal information confidential and ensure people who access it are bound by confidentiality;
- implement reasonable technical and organisational measures to protect it;
- assist you with data subject requests, impact assessments, and consultations where reasonably required;
- notify you of a suspected or confirmed data breach without undue delay;
- not sell personal information or use it for our own marketing;
- comply with POPIA and other applicable laws.
5. Security
We use access controls, strong passwords, encryption where appropriate, backups, logging, and incident response procedures. No system is completely secure. You are responsible for your own application security, user accounts, plugins, code, and access permissions.
6. Sub-processors
You authorise us to use sub-processors for infrastructure, hosting, email, backups, domains, and payment processing, including DirectAdmin, Plesk, Vercel, ZA Domains, Paystack, and their underlying providers. We remain responsible for their performance under this DPA. We will give notice of material changes where practicable.
7. Data subject rights
If a data subject contacts us about access, correction, deletion, or objection, we will refer the request to you and assist where reasonably necessary. You are responsible for responding to the request under POPIA.
8. Breach notification
If we become aware of a breach involving personal information we process for you, we will notify you without undue delay, provide the information we have, and cooperate with your response. You are responsible for notifying the Information Regulator and affected data subjects where required.
9. Cross-border transfers
Some sub-processors may process personal information outside South Africa. You authorise these transfers where necessary for the Services, and we will take reasonable steps to ensure an adequate level of protection through reputable providers and contractual safeguards.
10. Return and deletion
On termination, we will return or delete personal information at your instruction, subject to legal retention requirements, backups, and dispute resolution. You should export your data before termination.
11. Audit
We will provide reasonable information about our security and processing practices on request. Audits must be agreed in advance, respect our security and confidentiality, and not disrupt other clients.
12. Liability
Liability under this DPA is subject to the limitations in our Terms and Conditions. Nothing in this DPA limits rights that cannot be limited by law.
13. Term
This DPA starts when you accept the Terms or use the Services and continues until the Services end. The obligations on confidentiality, security, deletion, and liability survive termination where necessary.
14. Contact
Information Officer: Michael Msimanga
Msimanga Vision (Pty) Ltd t/a Mvision Web
11 Spruyt St, Heidelberg, Heidelberg - GP, 1441
Email: hello@mvisionweb.co.za
Phone: 067 863 2867
This DPA should be read with our Hosting Agreement, Terms, Acceptable Use Policy, Service Level Agreement, Privacy Policy, and Domain Terms. The structure is adapted from the Common Paper Data Processing Agreement, licensed under CC BY 4.0. Have it reviewed by your attorney before use.