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POPI Act

(POPI) Act

PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPI)

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(hereinafter referred to as “the Company”)

Introduction:

In terms of POPI, a “Responsible Party” (in this case being the Company) has a legal duty to process a “Data Subject’s” Personal Information (in this case being your personal information and related details) in a lawful, legitimate and responsible manner. In order to discharge this duty, the Company requires your express and informed permission to process your Personal Information.

In the event of you refusing to give the required consent, the Company will still have the right, in terms of POPI, to process your information without your consent under any of the following circumstances:

  • where such processing and use of your personal information is necessary in order to give effect to a contractual relationship as between you and the Company;
  • where such processing is required in terms of a law, such as without limiting the generality thereof, the Basic Conditions of Employment Act 75 of 1997(BCEA), the Skills Development Act, 97 of 1998(SDA), Skills Development Levies Act, 9 of 1999 (SDLA) the Employment Equity Act, 55 of 1998 (EEA) Unemployment Insurance Contributions Act, 4 of 2002 (UICA) Unemployment Insurance Act, 6 of 2001 (UIF), Financial Advisory And Intermediary Services Act, 37 of 2002 (FAIS), the Financial Intelligence Centre Act 38 of 2001 (FICA), the National Credit Act, 34 of 2005 (NCA) and/ or the Compensation for Occupational Injuries and Diseases Act, 130 of 1993; or
  • where such processing is necessary to protect the legitimate interests of the Company or a third party.

Purpose for the Collection Your Personal information:

The reason why the registered Companies requires your Personal Information is to enable the registered Companies to;

  • find you employment, make your information available for searching & matching to job vacancies. Across our network of all the registered recruitment companies, with the intention of presenting you as a match to their clients.
  • perform appropriate checks on your job history, criminal record, educational / skills qualifications / registrations / licenses as well as credit history, where such is required and is permitted by the NCA.
  • refer you as a candidate for employment to their clients.

Compulsory:

  • comply with the applicable labour legislation.
  • keep records in accordance with the BCEA and other applicable laws;
  • report to government in terms of the applicable laws, including for example, the EEA, SDA, SDLA, LRA, B-BEEA, UIF, UIFLA and Income Tax Laws;
  • All Personal Information which you provide to the registered Companies will only be used for the purposes for which it is collected.

Consequences of Withholding Consent or Personal Information:

Should you refuse to provide the registered recruitment Companies with the required consent or information, then the Company will be unable to assist you with your employment requirements.

Storage and Retention and Destruction of Information

All Personal Information which you provide to the Company will be held and/ or stored securely for the purpose of recruitment. Your Personal Information will be stored electronically in a database, which to widen the job seeking opportunities, will be accessible to all the registered Recruitment companies.

Where appropriate, some information may be retained in hard copy. In either event, storage will be secure and audited regularly regarding the safety and the security of the information.

Where data is stored electronically outside the borders of South Africa, such is done only in countries that have similar privacy laws to our own or where such facilities are bound contractually to no lesser regulations than those imposed by POPI.

Once this information is no longer required, due to the fact that you no longer need the Company to find you employment, such Personal Information will be safely and securely archived for a period of 7 years, as per the requirements of the Companies Act, 71 of 2008, or longer, should this be required by any other law applicable in South Africa. Thereafter, all your Personal Information will be permanently destroyed.

Accuracy of Information:

POPI requires that all your Personal Information and related details supplied, are complete, accurate and up to date.

Whilst the Company will always use its best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise the Company of any changes to your Personal Information, as and when these may occur.

Sharing of Your Information:

Your Personal Information will be stored electronically in a centralised data base, which to widen the job seeking opportunities, will be accessible to ONLY REGISTRERED Recruitment companies to the company SA Jobs Registry (Pty) Ltd.

Registered Recruiters:

All recruiters and recruitment related roles within the Companies.

Access to the Information by the Data Subject:

You have the right at any time to ask the Company to provide you with:

  • the details of any of your Personal Information which the Company holds on your behalf; and
  • the details as to what the Company has done with that Personal Information,

Right to Object:

  • In terms of S11(3) of the POPI, you have the right to object in the prescribed manner to the Company processing your Personal Information. On receipt of your objection the Company will place a hold on any further processing until the cause of the objection has been resolved.

Complaints:

You have the right to address any complaints to the Company Information Officer (steff@sajobsregistr.co.za)

or You can address it to the Personal Information Regulator.

Direct Marketing, Advertising and Promotional activities:

The registered Companies:

  • may/ may not use my Personal Information for the marketing and/ or promotion of its own goods and services;
  • may/ may not use my Personal Information for the marketing and/ or promotion of other parties goods and services

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