Effective Date: 31 July 2025
This Data Processing Agreement (“Agreement” or “Operator Terms”) constitutes a binding written contract between Web Designer Near Me (Pty) Ltd (Registration Number: 2025/123902/07), trading as Cyber Circuit (“Cyber Circuit”, “Operator”, “we”, “us”, or “our”), and the Customer (“Responsible Party”, “you”, or “your”). This Agreement forms an integral part of the Cyber Circuit Terms of Service.
Operator: Web Designer Near Me (Pty) Ltd t/a Cyber Circuit (CIPC Reg: 2025/123902/07)
Designated Information Officer: Stefanus Botha (Reg # 2026-071686)
Registered Corporate Office: 264 13th Avenue, Rietfontein, Pretoria, Gauteng, 0084, South Africa
Official Contact: taahir@cybercircuit.co.za | WhatsApp: 064 241 4615
This section applies to any personal information contained within the content you store, host, or process through our services, including website files, databases, mailboxes, electronic mail, and any other data associated with your account ("Customer Data"). In respect of Customer Data, you act as the responsible party and Cyber Circuit acts as your operator, as those terms are defined in the Protection of Personal Information Act, 2013 ("POPIA"). This section constitutes the binding written contract between you and Cyber Circuit contemplated by section 21 of POPIA.
Cyber Circuit shall process Customer Data exclusively to provide, maintain, secure, and support the services you have ordered, strictly in accordance with your documented instructions (which include instructions conveyed through your active use of the services, the hosting control panel, or the Client Area), or where otherwise required by applicable law. Cyber Circuit shall not process Customer Data for its own independent purposes, nor shall it sell Customer Data under any circumstances.
Cyber Circuit treats all Customer Data as strictly confidential. Access to Customer Data is restricted exclusively to Cyber Circuit personnel, agents, and subcontractors who have a legitimate business need for such access to provide technical support, maintenance, security operations, or to comply with legal obligations, and who are bound by corresponding duties of confidentiality. Cyber Circuit will not disclose Customer Data to any third party except pursuant to your express instructions or where compelled to do so by applicable law.
In accordance with section 19 of POPIA, Cyber Circuit implements and maintains reasonable and appropriate technical and organisational measures to secure the integrity and confidentiality of Customer Data. On shared hosting platforms, these measures include server-level firewall protection and automated malware scanning, logical isolation between hosting accounts, restriction of administrative privileges strictly to authorised Cyber Circuit systems administrators, encrypted transmission protocols for accessing your services, and backup routines as detailed in Section 10 of the Cyber Circuit Terms of Service. Shared hosting storage is not encrypted at rest. You retain sole responsibility for maintaining the security of your own websites, software applications, account credentials, and local devices (as set out in Section 1.3 of the Cyber Circuit Terms of Service), as well as for independently evaluating whether our service environment is appropriate and adequate for the categories of personal information you choose to process.
You hereby grant Cyber Circuit general authorisation to engage third-party infrastructure and service providers in connection with the delivery of the services, including our data centre provider. Cyber Circuit contracts only with sub-operators that are subject to written data protection obligations offering a level of protection no less stringent than those set out in this section, and Cyber Circuit remains liable to you for the performance of their data processing obligations. A current list of our sub-operators is maintained in our Privacy Policy.
Customer Data hosted on our shared hosting servers, including associated backup copies, is stored in data centres located in Germany (where processing is governed by the EU General Data Protection Regulation) or, in the case of certain legacy servers, in South Africa. Authorised Cyber Circuit personnel may access Customer Data remotely from South Africa for systems administration and customer support purposes. Cyber Circuit transfers Customer Data outside the Republic of South Africa strictly in compliance with section 72 of POPIA, ensuring that the recipient is subject to a law, binding corporate rules, or an agreement providing an adequate level of data protection. You acknowledge that limited diagnostic data concerning suspected spam incoming to your mailboxes (specifically: sender metadata, spam scoring metrics, and message subject lines stripped of email addresses and long numerical strings) may be transmitted to our designated AI service provider in the United States to assess spam and phishing threats, as described in our Privacy Policy.
Where there are reasonable grounds to believe that Customer Data has been accessed or acquired by any unauthorised person, Cyber Circuit will notify you immediately in accordance with section 21(2) of POPIA and provide such information as is reasonably available to us regarding the nature and scope of the compromise. As the responsible party, you are responsible for making any formal notifications to the Information Regulator and affected data subjects required under section 22 of POPIA; Cyber Circuit will provide you with reasonable assistance in satisfying these notification duties.
Cyber Circuit will provide reasonable assistance to enable you to respond to requests from data subjects exercising their statutory rights under POPIA (such as requests to access, correct, or delete personal information), as well as to formal inquiries from the Information Regulator relating to Customer Data. Where the provision of such assistance requires significant or disproportionate effort, Cyber Circuit reserves the right to charge for the requisite time and resources as a Professional Service in accordance with Section 11 of the Cyber Circuit Terms of Service.
Upon termination or cancellation of your service, Customer Data will be permanently deleted from active hosting environments within thirty (30) days of termination. Upon your prior written request, Cyber Circuit will effect an earlier deletion of Customer Data where technically feasible. You bear sole responsibility for retrieving and exporting all Customer Data prior to the effective date of service termination.
You warrant that you have established and will maintain a valid lawful basis under POPIA (and any other applicable legislation) for all Customer Data hosted or processed through the services. If you act as a reseller or host data on behalf of your own third-party clients, you undertake to ensure that all such end clients are contractually bound by data protection obligations no less restrictive than those set out in this section.
In the event of any irreconcilable conflict between the provisions of this section and any other provision of this Agreement concerning the processing of Customer Data, this section shall prevail. The limitations and exclusions of liability set forth in Section 12 of the Cyber Circuit Terms of Service continue to apply to this section to the fullest extent permissible by applicable law.
