OPERATOR AGREEMENT

 

 

Entered into between:

 

Jumping Fox Software (PTY)LTD

Registration number:2014/219269/07

(here in after referred to the Company)

 

 

And

 

 

_________________________________

(Here in after referred to as the “Operator”)

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1.       INTRODUCTION

 

1.1     The Protection of Personal Information Act, 4 of 2013 (POPIA) is a data protection privacy law which as its main function and objective, regulates and controls the processing of Personal Information by a Responsible Party.
1.2     The Company, for the purposes of carrying out its business and related objectives, does and will from time to time, processes Personal Information belonging to a number of persons, including legal entities and individuals, who are referred to as Data Subjects under POPIA.
1.3     The Company is obligated to comply with POPIA and the Data Protection conditions housed under POPIA with respect to the processing of all and any Personal Information pertaining to all and any Data Subjects.
1.4     In order for the Company to pursue its mandate and its related operational and business interests, the Company may from time to time request third parties to process certain Personal Information on its behalf, which Personal Information has been obtained from its Data Subjects.
1.5     In terms of section 20 of POPIA, if the Company discloses Personal Information which it has collected from Data Subjects to another for the purpose of processing or further processing of such Personal Information on its behalf,(hereinafter referred to as “the Operator”) then, any such processing must be subject to a written agreement concluded between the Company and the Operator, which contractually obliges the Operator to:
1.5.1       comply with the provisions of POPIA and the POPIA processing conditions when processing such Personal Information on behalf of the Company;
1.5.2       only process the Personal Information received from the Company in accordance with the mandate or written instruction received from the Company;
1.5.3       keep all the Personal Information held by the Operator on behalf of the Company and/ or belonging to the Company Data Subjects, confidential;
1.5.4       put measures in place in order to keep all such Personal Information held by the Operator, and processed on behalf of the Company confidential, safe and secure from misuse, abuse and / or unauthorised use or access.
1.6     The Company is desirous of providing the Operator with certain Personal Information which pertains to certain of its Data Subjects, which the Company would like the Operator to process on its behalf, and the Operator has agreed to process the Personal Information on behalf of the Company, which processing will be subject to the terms and conditions set out under this Operator Agreement.

 

2.       DEFINITIONS

 

2.1     The parties must take note of the following definitions, which will be used throughout this Operator Agreement, unless the context indicates a contrary meaning:
2.1.1    “Agreement” means the Agreement or series of Agreements entered into between the Company and the Operator;
2.1.2    “Data Subject (s)” means the person (s) who own (s) the Personal Information which is to be processed by the Operator, on behalf of the Company, in terms of the Agreement and the Operator Agreement;
2.1.3    “Jumping Fox Software (Pty) Ltd” shall mean the Company who has mandated the Operator to process certain Personal Information belonging to Data Subjects on its behalf, in accordance with the terms of this Operator Agreement;
2.1.4   "Operator" means________________________ who has been mandated by the Company in terms of the Agreement and this Operator Agreement to processes Personal Information belonging to certain Data Subject (s) on its behalf;
2.1.5    “Operator Agreement” means this Operator Agreement;
2.1.6    "person" means an identifiable, living, natural person, or an identifiable, existing juristic person;
2.1.7    "Personal Information" means personal information relating to any identifiable, living, natural person,               and an identifiable, existing juristic person, including, but not limited to:
2.1.7.1      in the case of an individual:
·          name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment, tax number and financial information;
·          vehicle registration;
·          dietary preferences;
·          financial history;
·          information about next of kin and or dependants;
·          information relating to education or employment history; and
·          Special Personal Information including race, gender, pregnancy, national, ethnic or social origin, colour, physical or mental health, disability, criminal history, including offences committed or alleged to have been committed, membership of a trade union and biometric information, such as images, fingerprints and voice prints, blood typing, fingerprinting, DNA analysis, retinal scanning and voice recognition;
2.1.7.2        in the case of a juristic person:
·          name, address, contact details, registration details, financials and related history, B-BBEE score card, registered address, description of operations, bank details, details about employees, business partners, customers, tax number, VAT number and other financial information; and
·          correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
·          the views or opinions of another individual about the person; and
·          the name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the person.
2.1.8   "process or processing" means any operation or activity or any set of operations, whether or not by automatic means, performed by the Operator concerning a Data Subject’s Personal Information, including—
(a)   the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(b)   dissemination by means of transmission, distribution or making available in any other form; or
(c)   merging, linking, as well as restriction, degradation, erasure or destruction of information;
2.1.9 "record" means any recorded information—
(a)   regardless of form or medium, including any of the following:
(i)    writing on any material;
(ii)   information produced, recorded or stored by means of any recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored;
(iii)  label, marking or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;
(iv)  book, map, plan, graph or drawing;
(v)   photograph, film, negative, tape or other device in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced;
(b)   in the possession or under the control of a responsible party;
(c)   whether or not it was created by a responsible party; and
(d)   regardless of when it came into existence.

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3.       MANDATE TO PROCESS

 

The Company hereby grants to the Operator a mandate to process certain Personal Information, of its data subjects, on its behalf for the following purpose and period:
 
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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4.       OBLIGATIONS OF THE OPERATOR

 

4.1     The Operator expressly warrants and undertakes that it will:
4.1.1      process the Personal Information strictly in accordance with its mandate set out under this Agreement, read together with Clause 3 above, and any specific written instructions provided to it by the Company from time to time;
4.1.2      not use the Personal Information for any other purpose, save for the purpose set out under this Operator Agreement and Clause 3, read together any further specific written instructions.
4.1.3      only disclose, transfer and/or hand over the Personal Information to those person(s) necessary to fulfil the purpose in Clause 3;
4.1.4      save for the provisions housed under clause 4.1.3, treat the Personal Information as confidential and not disclose the Personal Information to any other person unless required by law and only once it has provided the Company with adequate warning of this requirement to disclose and the related details thereof, including the identity of the person who is to receive the Personal Information, the reason for the disclosure and confirmation that the person to whom the Personal Information is to be disclosed to, has agreed to comply with all requirements of POPIA and perform all its duties in terms of this agreement and the Privacy Policy of the Company;
4.1.5      has and will continue to have in place, appropriate technical and Organizational measures to protect and safeguard the Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which in addition, provides a level of security appropriate to the risk represented by the processing and the nature of the Personal Information to be protected and which safeguards comply with the requirements set out under POPIA, and the Privacy Policy of the Company;
4.1.6      notify the Company immediately where it has reasonable grounds to believe that the Personal Information, which has been provided to it, including any Personal Information which it has processed, has been lost ,destroyed, or accessed or acquired by any unauthorised person;
4.1.7      process the Personal Information strictly in accordance with POPIA and the POPIA processing conditions;
4.1.8      not use the Personal Information for any direct marketing or advertising, research or statistical purposes, unless expressly authorised todo as described under “Annexure A”, read together with the Agreement, and when conducting such activity ensure that this is done strictly in compliance with the requirements of POPIA and its regulations especially those applicable to direct marketing detailed under section 69 of the POPIA;
4.1.9      not treat the Personal Information as its own, it expressly acknowledging that it has been tasked with processing the Personal Information in its capacity as the Company’s Operator and agent, and that ownership of all the records housing the Personal Information and any records comprising such Personal Information pertaining to the Data Subject, will always remain with the Company;
4.1.10    not sell, alienate or otherwise part with the Personal Information or any of the records housing the Personal Information;
4.1.11    where it is allowed to transfer the Personal Information onwards, to any third party, known as a Sub Operator, for the purposes of performing its mandate, ensure that such party also concludes a “Operator agreement” with it and the Company which compels the third party receiving the Personal Information to respect and maintain the confidentiality and security of the Personal Information, which Operator Agreement will house the same terms and conditions as contained in this Agreement, and which shall be concluded before the Personal Information is transferred to the Sub operator.
4.1.12    ensure that any person acting under the authority of the Operator, including any employee or sub operator, shall be obligated to process the Personal Information only on instructions from the Operator and strictly in accordance with this Operator Agreement, read together with all relevant policies, where applicable.
4.2     The Operator warrants that it has the legal authority to give the above-mentioned warranties and fulfil the undertakings set out in this Operator Agreement.
4.3     The Company, in order to ascertain compliance with the warranties and undertakings housed under this Operator Agreement, will have the right on reasonable notice and during regular business hours, to view and / or audit, either by itself or through an independent agent, the Operator’s facilities, files, and any other data processing documentation needed for the required review, audit and / or independent or impartial inspection and the Operator undertakes to provide all necessary assistance which may be needed to give effect to this right.
 

5.       LIABILITY OF THE OPERATOR AND THIRD PARTY RIGHTS

 

5.1   In the event of the Operator, the Sub Operator or their respective employees or agents breaching any of the warranties and undertakings housed under this Agreement, or the Sub Operator Agreement here applicable, or failing to comply with any of the provisions of POPIA and / or the eight POPIA Personal Information conditions, then in such an event, the Operator shall be liable for:
5.1.1  all damages it or the Sub Operator may have caused in consequence of said breach or                     non-compliance to a maximum amount of six times the amount of the last invoice. 
5.2 At the request of the Company, the Operator will provide the Company with evidence of financial resources sufficient to fulfil its responsibilities set out under this Agreement, which may include insurance coverage.

 

6.       APPLICABLE LAW

The laws of South Africa shall apply to this Operator Agreement, regardless of where the Personal Information is, will be, or was actually processed.

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7.       TERMINATION

7.1     In the event of:
7.1.1      the Agreement being terminated for whatsoever reason;
7.1.2      the transfer of Personal Information to the Operator being temporarily suspended by the Company for longer than one month, for whatever reason;
7.1.3      the Operator is in breach of its obligations under this Agreement or has failed to comply with POPIA or the eight Information Processing Principles, and has failed when called upon to do so by the Company to rectify the breach;
7.1.4      the Operator is in substantial or persistent breach of any warranties or undertakings given by it under this Agreement, not with standing that the Company has not given the Operator notice of such breach;
7.1.5      the Sub Operator is in breach of the Sub Operator Agreement;
7.1.6      an application is filed for the placing of the Operator under business rescue, under administration, or winding up whether interim or final, which application is not dismissed within the applicable period for such dismissal under applicable law; or any equivalent event in any jurisdiction occurs, then the  Company without prejudice to any other rights, which it may have against the Operator, shall be entitled to terminate the Agreement and the Operator Agreement as well as the Sub Operator  Agreement.
7.2     The Parties agree that the termination of the Agreement and the Operator Agreement at any time, and / or the Sub Operator agreement, where applicable, in any circumstances and for whatever reason, does not exempt them from the rights and obligations set out under this Operator Agreement with regards to the processing of the Personal Information detailed under Annexure “A” read together with the obligations under POPIA.
7.3     In the event of the Agreement and / or Operator Agreement being terminated whenever, and for  whatsoever reason, the Operator undertakes to:
7.3.1      restore and / or transfer back to the Company all and any Personal Information which has been provided to the Operator for processing, including that held by the Sub Operator, whether same has been processed or not, and / or which has been processed, together with any related documentation and / or information, all of which documentation must without exception, be returned to the Company within a period of 30 (thirty) days from date of service of the termination notice.
7.3.2      to confirm in writing simultaneously when the transfer under clause 7.3.1 takes place, that all such Personal Information will be kept confidential as per the provisions of clause 4.1 and that it will not under any circumstances use the aforementioned information for whatsoever reason.
7.4     Notwithstanding termination of the the Operator Agreement and for whatsoever reason, the clauses 4, 5, 6 and 7.2 will survive any such termination.
 

8.       GENERAL

 

8.1     Variation
The parties may not modify the provisions of this Operator Agreement unless such variation is reduced to writing and signed by the Parties.
8.2     Notices
All notices to be provided in terms of the Operator Agreement must be sent to the Information Officer at:
 
 
Concluded on __________________ at ____________________________
 
 
_______________________________________
Signature on behalf of the Operator
Signature of:____________________________
Position:_______________________________
 
 
 
Concluded on __________________ at____________________________
 
 
_______________________________________
Signature on behalf of the Company
Signature of:____________________________
Position:_______________________________
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The model of a fruitful relationship

Since 2017, the renowned Edgemead High School in Cape Town has trusted Jumping Fox Software to assist in optimising its internal account management processes. With the aid of our online account management and exemption systems, this school’s financial team has gone from strength to strength.

Michelle, an experienced member of Edgemead High School’s financial team, explains that all of the system’s features have now become an integral part of her daily routine. She adds that automating the majority of her daily tasks with Jumping Fox Software has enabled her to improve the quality of her work by leaps and bounds.

Most notably, Michelle says that the system has made a measurable difference in four key areas:

1. Account management strategy and exemption application process
2. Saving time by automating repetitive tasks
3. Increasing the school’s cash flow
4. Fostering positive relationships with parents through more transparent collection processes

In addition, Michelle lists a few of her favourite system features that continue to make her workday easier:

1. Automated daily tasks (SMS, email, phone calls)
2. Bulk execution functionality  
3. In-depth management reports, including SMS status, payment arrangements, and account performance reports

On our part, working with Michelle has also been a joy for our team. She is an active user who likes to stay ahead of the curve and provide constant feedback to the Jumping Fox Software team. This helps to make our system features even better and more effective for all of our clients.

If your account management team is struggling to improve its internal collection and exemption processes, why not get in touch with us? Our customer success agents are available to provide a free assessment of your internal processes whenever you’re ready. Just call 021 - 001 4758.

Spending some time on the right solution is a game-changer

When Drakenstein Primary School in Paarl, Western Cape needed to improve their internal collection processes in 2017, they knew that they had to move their operation online. Jumping Fox Software assisted the school in setting up their new online account management system.

Elise, who works on Drakenstein Primary’s financial team, says that including technology into her daily routine was a massive step forward. “Getting to grips with the new system was definitely a learning curve but the improvement that it made to our internal processes was worth the time we put in.”

In addition to making use of its online account management solution, the school also has access to Jumping Fox Software’s panel of attorneys, Jonker Vorster Attorneys. This leading legal firm specialises in business-to-business credit management and debt recovery, drawing on the expertise of a talented legal team with 50+ years of combined experience.

Elise explains that since switching to an online account management system, the team was successfully able to increase the school’s cash flow. “We also improved our control over daily processes, saved on time and costs, and we now correspond with parents in a much more consistent manner.”

Elise lists some of her favourite system features:

1. Email and SMS functionality with bulk send option
2. Sequence collection workflow
3. Electronic handovers to the legal team
4. Template collection documents (including acknowledgment of debt, letter of demand, and section 41 notice)

The Jumping Fox Software team loves working with Elise. She is a positive and energetic professional who never shies away from a challenge.

If your account management team is struggling to improve its internal collection and exemption processes, why not get in touch with us? Our customer success agents are available to provide a free assessment of your internal processes whenever you’re ready. Just call 021 - 001 4758.

Kuilen Primary School

De Kuilen Primary School, located in the Western Cape, may have only recently started using Jumping Fox Software’s online account management system, but the school’s financial team has already seen massive improvements in internal collection processes.
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“We are really impressed with the system so far. The debt restructure tool, which reminds parents with payment arrangements when they need to pay outstanding amounts, has already been particularly helpful. Overall, our team has been able to complete tasks and get through our workload much faster. This solution is living up to its reputation,” says Clariska Claassens, a senior member of the school’s financial team.

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Here are some of Clariska 's favourite system features:

1. Email and SMS functionality with bulk send option;
2. Automated collection workflow
3. To-do generator (to create custom to-dos on any account)
4. Debt restructure tool.

If you are part of an account management team that struggles with internal collection and exemption processes, please contact us. Our customer success agents are available to provide a free assessment of your internal processes whenever you’re ready.

Training lies at the heart of great results

Top-performing Wynberg Girls' Junior School in Cape Town's southern suburbs, has been using Jumping Fox Software’s online account management system to successfully improve their internal collection processes. However, as Dezanne, who works on Wynberg Girls' Junior School’s financial team points out, getting the right training is just as important as implementing the right software solution.

“Jumping Fox Software has certainly made our work much easier, and introduced us to a host of functionalities that have taken our work to the next level. With that said, knowing how and when to use the cutting-edge features of this software is vital. This is why team training is such an integral part of the implementation process for any new software.”

With the correct training, a financial team will be able to master all of the online account management system’s features, including:

1. Centralised account data, allowing team members to access complete and in-depth information about each account;

2. Automated daily tasks, account notifications, and reports;

3. Email and SMS functionalities with bulk send options.

Implementing the right software solution and putting in just a few training hours can up your financial team’s performance by leaps and bounds.

To learn more about the Jumping Fox Software solution and the training that we offer, visit the Jumping Fox Software website for more information. You can also contact one of our customer success agents for a free assessment of your internal processes (021 - 001 4758).

The benefits of a high-tech solution

W.A Joubert Primary School, a prestigious institution in Paarl, Western Cape, has been part of the Jumping Fox Software family since 2017 - when they first signed on to use our online account management system to perfect their collection process.

The school’s financial department has since been going from strength to strength, according to Sanet and Claudelle – two of W.A. Joubert’s financial team members.

“Jumping Fox Software’s solution has enabled our school’s accounts department to function as a true tech-enabled organisation. Our team is now able to perform their tasks while working from home (which has become a very important function since the start of the pandemic),” says Sanet.

Claudelle adds that the system has also ensured that the financial team remains in compliance with all legal regulations. “Through Jumping Fox Software, we are able to share all of our information with our legal team. We work closely with Jonker Vorster Attorneys on any and all matters related to collecting outstanding school fees. Not only has this reduced our workload, but the benefit that this has had to cash flow has been clear.”

Sanet and Claudelle list a few of the system features that have made the biggest difference to the team’s daily operation:

- Email and SMS functionality with bulk send options;
- Automation of daily tasks (SMS, email, phone calls);
- Electronic handover of outstanding school fee accounts to the legal team;
- Automated reports.

The Jumping Fox Software team is proud of what W.A Joubert Primary School has achieved so far, and we look forward to seeing where this school goes next.

If your account management team is struggling to improve its internal collection and exemption processes, why not get in touch with us? Our customer success agents are available to provide a free assessment of your internal processes whenever you’re ready. Just call 021 - 001 4758.

Getting to know the system inside and out

HTS John Vorster, located in Gauteng, is a school that understands the importance of healthy cash flow. That is why they brought Jumping Fox Software’s online account management system in to improve their internal collection processes.

Having taken the time to learn and utilise all of the functionalities offered by the Jumping Fox system, Astrid and Ilza – two highly skilled members of HTS John Vorster’s finance department – have seen several major improvements in their daily operations.

Astrid explains that the team’s internal collection strategy was one of the first things to change for the better. “Our collections process quickly became much more streamlined and easier to manage. The automation of our repetitive daily tasks is also winning this department a lot of time that we can spend on more complex tasks.”

Ilze adds that implementing the online account management system has also significantly increased cash flow. “The transparency of the whole process has also gone a long way towards helping us to build better relationships with parents.”

Some of the most helpful system features, according to Astrid and Ilze, include:

· An Email and SMS functionality with bulk send option;
· Daily task automation (including SMS, emails, phone calls, and reports)
· Collection process templates that include a letter of demand and a section 41 notice.

Jumping Fox Software has enjoyed working with the dedicated finance department at HTS John Vorster. It always motivates us to interact with a team that is driven to explore and use as much of our online system as they can.

If your account management team is struggling to improve its internal collection and exemption processes, why not get in touch with us? Our customer success agents are available to provide a free assessment of your internal processes whenever you’re ready. Just call 021 - 001 4758.

Noord-Eind Primary School

Noord-Eind Primary School in Paarl, signed up for Jumping Fox Software’s online account management system some years ago. Since then, the school has significantly improved its internal collection processes.

“Our team has definitely been under much less pressure since we started using the system. Parents respond more quickly, and we have much fewer problems with defaulting accounts. Next we are going to look at implementing the online exemption system,” says Wilma, a member of the school’s financial department.

Here are Wilma's favorite system features:
1. Email and SMS functionality with bulk send option;
2. Registered post functionality;
3. Automated collection workflow;
4. To-do generator (to create custom to-dos on any account);
5. Management reports.

To learn more about the impact that Jumping Fox Software has had on this school, and what we can do for you, visit our website for more information. You can also contact one of our customer success agents for a free assessment of your internal processes (021 - 001 4758).

Bergvliet High School

Bergvliet High School in the Western Cape implemented Jumping Fox Software’s online account management system in 2018. Since then, the school’s financial team has managed to save both time and money in its daily operations.

The system’s centralized parent data, automatic monitoring of account payments and increased control over our daily routine has saved the school vast amounts of time, while also eliminating paper waste.

Here are just some system features that helped the school succeed:

* Email and SMS functionality with bulk send option.
* Automated collection workflow.
* Management reports (including SMS status, arrangements).
* Collection template documents (section 41 notice).
* Account history for accurate paper trails.

To learn more about the impact that Jumping Fox Software has had on this school, and what we can do for you, visit the Jumping Fox Software website for more information. You can also contact one of our customer success agents for a free assessment of your internal processes (021 - 001 4758).

Kronendal Primary

Kronendal Primary School, located in the Western Cape, has been using Jumping Fox Software’s online account management system for a number of years, and has improved its internal collection processes significantly over time.
“We have seen a substantial improvement in payment arrangements as well as our time management. I think our most-used feature has to be the SMS functionality. It makes it much easier for us to get a hold of parents,” says Sasha Jarvis, a member of the school’s financial department.

Here are Sasha's favorite system features:

1. Email and SMS functionality with bulk send option;
2. Automated collection workflow;
3. To-do generator (to create custom to-dos on any account);
4. Management reports.

To learn more about the impact that Jumping Fox Software has had on this school, and what we can do for you, click here or visit the Jumping Fox Software website for more information. You can also contact one of our customer success agents for a free assessment of your internal processes (021 - 001 4758).

Paarl Gymnasium High School

Understanding what it takes to achieve success

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Renowned Western Cape educational institution, Paarl Gymnasium High School, has been an ardent user of Jumping Fox Software’s online account management system since 2017. As one of South Africa’s foremost schools, they understand the importance of managing one’s internal collection processes through cutting-edge technology and following a structured legal process.

Annell, a valued member of the school’s financial team, explains that Jumping Fox Software’s solution was a perfect fit for the school’s rigorous requirements. “We needed a service provider that could ensure our finance department complied with all the relevant legal requirements around collections, help us achieve consistency in our correspondence with parents, and would give us direct access to a panel of experienced attorneys - Jumping Fox Software delivered on every aspect.”

Annell lists her favourite system features:

1. Email and SMS functionality with bulk send option;
2. Automation of daily tasks (SMS, email, phone calls);
3. Centralised parent data.

If your collection team is struggling to improve its internal collection and exemption processes, get in touch with us at 021 - 001 4758.

A system to support a highly-skilled team

Well-known Western Cape school, Paarl Boys High, has been managing its accounts and exemptions through Jumping Fox Software’s online system since 2018. In that time, the school has not only managed to improve its internal collection process, but has also made it much easier for the financial team to do its job.

Melanie, a member of Paarl Boys High’s financial team, and a professional with extensive experience in legal processes, notes that improving the school’s cash flow was only one of the many benefits of adopting a state-of-the-art online account management system.

“The system helped us to correspond with parents much more consistently, which assists us greatly in addressing and managing any potential problems as soon as they arise. Restructuring debts and arranging payment plans are also much easier. Most importantly, having the accounts management and exemption system online means that our work can be kept up to date at all times.”

Melanie lists some of her favourite system features:
· Email and SMS functionality with bulk send option;
· Sequence collection workflow;
· The ability to upload and monitor account arrangements.

Working with a professional who understands the legal environment, makes it easy for the Jumping Fox Team to deliver the best support possible. This is why we love working with Melanie.    

If your account management team is struggling to improve its internal collection and exemption processes, why not get in touch with us? Our customer success agents are available to provide a free assessment of your internal processes whenever you’re ready. Just call 021 - 001 4758.