POPI Privacy Policy

Where we refer to “process”, it means how we collect, use, store, make available, destroy, update, disclose, or otherwise deal with your personal information. As a general rule we will only process your personal information for the purposes of recruitment.

We may combine your personal information and use the combined personal information for any of the purposes stated in this Privacy Policy.

In this document any reference to “we” or “us” or “our” includes Our Company and any of its subsidiaries.

If you use our services either for the purpose of recruitment or for you to be placed as a candidate, you agree that we may process your personal information as explained under this Privacy Policy.

Sometimes you may provide us with consent to process your personal information.

Ensure you read this policy carefully because it may limit your rights.

If we process personal information for another party under a contract or a mandate, the other party’s privacy policy will apply to the processing.

We can change this Privacy Policy from time to time if the law or our business practices requires it. The version of the Privacy Policy displayed on our website will apply to your interactions with us.

What is personal information?

Personal information refers to any information that identifies you or specifically relates to you. Personal information includes, but is not limited to, the following information about you:

  • your marital status (like married, single, divorced)
  • your national origin
  • your age
  • your language; birth; education
  • your financial history (like your income, Third-Party payments made on your behalf and the like)
  • your identifying number (like an employee number, identity number or passport number)
  • your e-mail address; physical address (like residential address, work address or your physical location); telephone number
  • your biometric information (like fingerprints, your signature or voice)
  • your race; gender; sex; pregnancy; ethnic origin; social origin; colour; sexual orientation
  • your physical health; mental health; well-being; disability; religion; belief; conscience; culture
  • your medical history (like your HIV / AIDS status); criminal history; employment history
  • your personal views, preferences and opinions
  • your confidential correspondence; and / or
  • another’s views or opinions about you and your name also constitute your personal information.
  • Personal information includes special personal information, as explained below.


When will we process your personal information?

We will only process your personal information for lawful purposes relating to our business if the following applies:

  • if you have consented thereto
  • if a person legally authorised by you, the law or a court, has consented thereto
  • if it is necessary to conclude or perform under a contract we have with you
  • if the law requires or permits it
  • if it is required to protect or pursue your, our or a Third-Party’s legitimate interest


What is special personal information?

Special personal information is personal information about the following:

  • your race (like where a company submits reports to the Department of Labour where the statistical information must be recorded)
  • your ethnic origin
  • your trade union membership
  • your health (like where you apply for an insurance policy)
  • your biometric information (like to verify your identity); and / or your criminal behaviour and alleged commission of an offence


When will we process your special personal information?

We may process your special personal information in the following circumstances:

  • if you have consented to the processing
  • if the information is being used for any Human resource or payroll requirement
  • if the processing is needed to create, use or protect a right or obligation in law
  • if the processing is for statistical or research purposes and all legal conditions are met
  • if the special personal information was made public by you
  • if the processing is required by law
  • if racial information is processed, and the processing is required to identify you; and / or if health information is processed, and the processing is to determine your insurance risk, or to comply with an insurance policy or to enforce an insurance right or obligation


When and from where we obtain personal information about you:

  • We collect personal information from you directly, from a public source or from a source where you have deliberately made the personal information public.
  • We may collect personal information from 3rd parties.
  • We collect information about you based on how you engage or interact with us such as via emails, letters, telephone calls and surveys.

If the law requires us to do so, we will ask for your consent before collecting personal information about you from third parties.

The third parties from whom we may collect your personal information include, but are not limited to, the following:

  • Partners of our company for any of the purposes identified in this Privacy Policy
  • employer, and other similar sources
  • attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements
  • payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions, like EFT transaction partners
  • law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime
  • our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide services to you


Reasons we need to process your personal information:

  • We will process your personal information for the following reasons:
    • to provide recruitment services to you
    • to place you as a candidate at one of our clients
    • to conduct the necessary check on you as a candidate
    • to market our services to you
    • to respond to your enquiries and complaints
    • to comply with legislative, regulatory, risk and compliance requirements (including directives, sanctions and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfil reporting requirements and information requests
    • to develop, test and improve services for you
    • for historical, statistical and research purposes, like market segmentation
    • to process payment instruments
    • to enable us to deliver documents or notices to you
    • for security, identity verification and to check the accuracy of your personal information
    • to communicate with you and carry out your instructions and requests
    • for customer satisfaction surveys, promotional offerings.
    • for any other related purposes.


How we use your personal information for marketing:

  • We will use your personal information to market recruitment services to you
  • We will do this in person, by post, telephone, or electronic channels such as SMS, email and fax
  • If you are not our client, or in any other instances where the law requires, we will only market to you by electronic communications with your consent
  • In all cases you can request us to stop sending marketing communications to you at any time


When, how and with whom we share your personal information:

In general, we will only share your personal information if any one or more of the following apply:

  • if you have consented to this
  • if it is necessary to conclude or perform under a contract we have with you
  • if the law requires it; and / or
  • if it is necessary to protect or pursue your, our or a Third-Party’s legitimate interests


Under what circumstances will we transfer your information to other countries?

We will only transfer your personal information to third parties in another country in any one or more of the following circumstances:

  • where your personal information will be adequately protected under the other country’s laws or an agreement with the Third-Party recipient
  • where the transfer is necessary to enter into or perform under a contract with you, or a contract with a Third-Party that is in your interest
  • where you have consented to the transfer
  • where it is not reasonably practical to obtain your consent, the transfer is in your interest

This transfer will happen within the requirements and safeguards of the law. Where possible, the party processing your personal information in the other country will agree to apply the same level of protection as available by law in your country or if the other country’s laws provide better protection the other country’s laws would be agreed to and applied.

An example of us transferring your personal information to another country is where foreign payments take place if you purchase services in a foreign country.


Your duties and rights about the personal information we have about you:

  • You must provide proof of identity when enforcing the rights below
  • You must inform us when your personal information changes

Please refer to our Promotion of Access to Information Act 2 of 2000 Manual (PAIA Manual) for further information on how you can give effect to the rights listed below. Download the PAIA Manual.

You have the right to request access to the personal information we have about you by contacting us. This includes requesting:

  • confirmation that we hold your personal information;
  • a copy or description of the record containing your personal information; and
  • the identity or categories of third parties who have had access to your personal information.

We will attend to requests for access to personal information within a reasonable time. You may be required to pay a reasonable fee to receive copies or descriptions of records, or information about third parties. We will inform you of the fee before attending to your request.

Please note that the law may limit your right to access information.

You have the right to request us to correct or delete the personal information we have about you if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or we are no longer authorised to keep it. You must inform us of your request in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right. It may take up to 15 business days for the change to reflect on our systems. We may request documents from you to verify the change in personal information.

A specific agreement that you have entered into with us may determine how you must change your personal information provided at the time when you entered into the specific agreement. Please adhere to these requirements. If the law requires us to keep the personal information, it will not be deleted upon your request. The deletion of certain personal information may lead to the termination of your business relationship with us.

You may object on reasonable grounds to the processing of your personal information.

We will not be able to give effect to your objection if the processing of your personal information was and is permitted by law; you have provided consent to the processing and our processing done according to your consent or the processing is necessary to conclude or perform under a contract with you.

Where you have provided your consent for the processing of your personal information, you may withdraw your consent. If you withdraw your consent, we will explain the consequences to you. We may proceed to process your personal information even if you have withdrawn your consent if the law permits or requires it. It may take up to 15 business days for the change to reflect on our systems, during this time we may still process your personal information. You must inform us of any objection in writing. Please refer to our PAIA Manual for further information in this regard, like the process you should follow to give effect to this right.

You have a right to file a complaint with us or any Regulator with jurisdiction about an alleged contravention of the protection of your personal information by us. We will address your complaint as far as possible.


How we secure your personal information:

  • We will take appropriate and reasonable technical and organisational steps to protect your personal information according to industry best practices. Our security measures (including physical, technological and procedural safeguards) will be appropriate and reasonable. This includes the following:
  • keeping our systems secure (like monitoring access and usage)
  • storing our records securely
  • controlling the access to our buildings, systems and/or records; and
  • safely destroying or deleting records
  • You can also protect your personal information. Please visit the website of the relevant business you have established a business relationship with for more information.


How long do we keep your personal information?

We will keep your personal information for as long as:

  • the law requires us to keep it
  • a contract between you and us requires us to keep it
  • you have consented for us keeping it
  • we are required to keep it to achieve the purposes listed in this Privacy Policy
  • we require it for statistical or research purposes
  • a code of conduct requires us to keep it
  • we require it for our lawful business purposes

Take note: We may keep your personal information even if you no longer have a relationship with us, for the historical data that may be required by your employer or employee.


Our cookie policy

A cookie is a small piece of data sent from our websites or applications to your computer or device hard drive or Internet browser where it is saved. The cookie contains information to personalise your experience on our websites or applications and may improve your experience on the websites or applications. The cookie will also identify your device, like the computer or smart phone.

By using our websites or applications you agree that cookies may be forwarded from the relevant website or application to your computer or device. The cookie will enable us to know that you have visited the website or application before and will identify you. We may also use the cookie to prevent fraud and for analytics.


Client consent

By engaging our recruitment services you agree to the following:

  • By either Party submitting any personal information to the other, the disclosing Party unconditionally and voluntarily consents to the processing of the submitted personal information for all purposes related to the standard terms and conditions as agreed between the Parties.
  • Each Party agrees and consents that its personal information may be processed by, or on behalf of, either of the Parties for the purposes set out in the Agreement.
  • Each Party shall at all times comply with its obligations and procure that each of its Affiliates comply with their obligations under POPI.
  • Each Party shall ensure that any personal information that is processed by it while performing its obligations under the agreed terms and conditions, is done in accordance with POPI.
  • Each Party shall not process, disclose or use personal information except:
    • to the extent necessary for the provision of Services and/or Products under the agreed terms and conditions; or
    • to fulfil its own obligations under the agreed terms and conditions; or
    • as otherwise expressly authorised by the other Party in writing.
  • Each Party shall not disclose any personal information to any Third-Party without the other Party’s prior written consent in each instance, other than to the extent required by any Regulator or Law.
  • In the event of the other Party providing such consent necessary for the disclosure of personal information to a Third-Party, each Party shall:
    • make such disclosure in compliance with POPI; and
    • enter into a written agreement with the applicable Third-Party recipient of such personal information that requires such Third-Party to safeguard the personal information in a manner no less restrictive than each Party’s obligations under these terms.
  • The Parties shall implement and maintain effective security safeguards that includes, but is not limited to, administrative, technical, and physical safeguards, and appropriate technical and organisational measures. In each case, adequate safeguards to ensure the security and confidentiality of personal information, and to protect against any anticipated risks to the security or integrity of personal information, protection against unauthorised access to or use of personal information, protection of personal information against unlawful processing or processing otherwise than in accordance with this agreement, and protection against accidental loss, destruction, damage, alteration or disclosure of personal information
  • Without limiting the foregoing, such safeguards and measures shall be appropriate to protect against the harm that may result from unauthorised or unlawful processing, use or disclosure, or accidental loss, destruction or damage to or of personal information and the nature of the personal information, and shall maintain all safeguard measures as is required by POPI.
  • In the event of any actual, suspected or alleged security breach, including but not limited to, loss, damage, destruction, theft, unauthorised use, access to or disclosure of any personal information, each Party shall:
    • notify the other Party as soon as practical after becoming aware of such event; and
    • provide the other Party with all information regarding the breach in the Party’s knowledge and possession to allow the Party to ascertain what has occurred and which personal information has been affected; and
    • promptly take whatever action is necessary, at each Party’s own expense, to minimise the impact of such event and prevent such event from recurring.
  • The Client hereby consents to direct marketing from the Company. It is noted that the Company will comply with all obligations in terms of POPI in relation to direct marketing and in this regard the Client may withdraw its consent to direct marketing.

Candidate consent

By engaging with us to find you a placement as a candidate, you agree to the following:

  • By the Candidate submitting any personal information to the Company, the Candidate unconditionally and voluntarily, consents to the processing of the submitted personal information for the purposes of:
    • finding the Candidate employment and in this regard, matching the Candidate’s submitted information with our Client’s job specifications; and
    • conducting reference checks, including employment history, criminal record, educational history, qualification and skills checks, and credit checks; and
    • presenting the Candidate as a suitable candidate to our Clients.
  • The Candidate agrees and consents that personal information may be processed by, or on behalf of the Company for the purposes set out herein.
  • The Candidate agrees to update all personal details with the Company if any personal information changes and/or must be updated.
  • The Candidate hereby agrees and consents that the Company may retain their personal information indefinitely.