POPIA Compliance Check

By accessing or using the POPIA Compliance Check tool available at popiacompliancecheck.co.za ("the Tool"), you ("the User") agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the Tool.

These Terms constitute a binding agreement between you and Blackwood Summit (Pty) Ltd ("we", "us", "our"), the operator of this Tool.

The POPIA Compliance Check tool is an automated web-based audit tool that:

• Accepts a website URL submitted by the User;
• Uses an automated API to crawl and scan the submitted website for indicators of compliance with the Protection of Personal Information Act 4 of 2013 (POPIA);
• Processes a self-assessment questionnaire completed by the User; and
• Generates an indicative compliance report based on the above inputs.

The Tool is hosted as an embedded iframe on Google Cloud Platform (GCP) and is provided as a lead generation and awareness service by Blackwood Summit.

The compliance report and score generated by the Tool are indicative only. They are based on automated surface-level scanning and self-reported answers, and are subject to the following limitations:

• The scan may not detect all compliance elements, particularly those requiring JavaScript rendering, authentication, or manual review;
• POPIA compliance is a complex, ongoing legal obligation that cannot be fully assessed by automated means alone;
• The Tool does not assess internal policies, data processing agreements, staff training, or other non-public compliance measures;
• A passing score does not guarantee full legal compliance with POPIA or any other applicable legislation.

By submitting a website URL to the Tool, you represent and warrant that:

• You are the owner of the website being submitted, or you have obtained explicit written permission from the website owner to conduct an automated compliance scan on their behalf;
• You have the legal authority to authorise the crawling and scanning of the submitted website;
• The submission of the URL does not violate any applicable law, the website's own terms of service, or any third-party rights.

You must not submit a URL for a website you do not own or have not been authorised to scan. Blackwood Summit accepts no liability for any unauthorised scanning conducted through the Tool.

The Tool operates by sending automated HTTP requests to the submitted website URL via a backend API hosted on Google Cloud Platform. This process:

• Retrieves publicly accessible content from the submitted URL;
• Analyses HTML content for POPIA-relevant indicators such as privacy policies, cookie banners, consent mechanisms, tracking scripts, and contact forms;
• Does not store, retain, or share the content of the scanned website beyond what is necessary to generate the compliance report.

The automated scan is limited to publicly accessible pages and does not attempt to bypass authentication, access restricted areas, or interact with forms or databases on the target website.

When you use the Tool, we may collect the following information:

• The website URL you submit for scanning;
• Your email address (if provided, for report delivery);
• Your self-assessment questionnaire responses;
• Basic usage and technical data (e.g., IP address, browser type) for operational purposes.

This information is processed in accordance with POPIA and our Privacy Policy. Your email address may be used to send you the compliance report and, with your consent, to contact you about Blackwood Summit's services.

We do not sell your personal information to third parties.

All content, design, code, branding, and materials forming part of the Tool and this website are the intellectual property of Blackwood Summit and are protected under applicable South African and international intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any part of the Tool without our prior written consent.

To the fullest extent permitted by applicable law, Blackwood Summit shall not be liable for:

• Any loss or damage arising from reliance on the Tool's results as legal advice or a compliance determination;
• Any regulatory penalties, fines, or enforcement actions arising from a User's POPIA non-compliance;
• Any direct, indirect, incidental, or consequential damages resulting from the use or inability to use the Tool;
• Inaccuracies in the automated scan results due to technical limitations, website structure, or dynamic content;
• Any harm resulting from a User scanning a website without proper authorisation.

The Tool is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of accuracy, fitness for a particular purpose, or non-infringement.

You agree to indemnify, defend, and hold harmless Blackwood Summit, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of or in connection with:

• Your use of the Tool in violation of these Terms;
• Your submission of a URL without proper authorisation from the website owner;
• Any misrepresentation made by you in connection with your use of the Tool;
• Your violation of any applicable law or third-party rights.

Blackwood Summit reserves the right to modify, suspend, or discontinue the Tool at any time without notice. We also reserve the right to update these Terms at any time. The updated Terms will be posted on this page with a revised effective date.

Your continued use of the Tool after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the South African courts.

If you have any questions about these Terms or the Tool, please contact us:

• Company: Blackwood Summit
• Email: reports@blackwoodsummit.co.za
• Website: popiacompliancecheck.co.za