POPIA ISANTYA(PTY)LTD

 

 

INFORMED CONSENT PROVIDED BY CLIENT OR OTHER PERSON (“the data subject” and also “the signatory”) IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 FOR PERSONAL INFORMATION TO BE COLLECTED AND PROCESSED BY ISANTYA / CVFORLIFE (“the responsible party” and “the company”)

 

  1. INTRODUCTION

 

  1. The Responsible Party, being Isantya  / CVforLife is a private company, a supplier of  CV writing, permanent staff placements, job search, CV referrals, international placements, and career coaching.

 

  1. As part of its business functions, the Company collects and processes Personal Information.

 

  1. The Protection of Personal Information Act of 2013 (POPIA) is the central piece of legislation that regulates the lawful collection, storage, use, handling, processing, transfer, retention, archiving and disposal of a person’s Personal Information.

 

  1. The Company is responsible to collect, store, use, handle, process, transfer, retain, archive, and otherwise manage Personal Information in a lawful, legitimate, and responsible manner and in accordance with the provisions set out in POPIA.

 

  1. The Company POPIA Policy sets out the policies and procedures in place to ensure compliance with POPIA. This Company Policy document is available on request from the Company Information Officer.

 

  1. In order to discharge this duty, the Responsible Party requires your express and informed permission to collect and to process your Personal Information as set out in this document.

 

  1. DEFINITIONS

 

  1. The following definitions are those set out or referenced in POPIA itself and are applied throughout this Consent Document, unless the context indicates a contrary meaning:

“consent” means any voluntary, specific, and informed expression of will in terms of which permission is given for the processing of Personal Information ;

 

“Constitution” means the Constitution of the Republic of South Africa, 1996;

 

“Data Subject” means the person to whom Personal Information relates;

 

“de-identify”, in relation to Personal Information of a Data Subject, means to delete any information that

 

  1. identifies the Data Subject;

  2. can be used or manipulated by a reasonably foreseeable method to identify the Data Subject; or

  3. (can be linked by a reasonably foreseeable method to other information that identifies the Data Subject,

 

“direct marketing” means to approach a Data Subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the Data Subject.

 

“electronic communication” means any text, voice, sound or image message sent over an electronic communications network which is stored in the network or in the recipient’s terminal equipment until it is collected by the recipient;

 

“information officer” of, or in relation to, a private body means the head of a private body as contemplated in section 1, of the Promotion of Access to Information Act;

 

“Information Regulator” means the independent regulatory body having jurisdiction throughout South Africa, and having been established in terms of section 39 of POPIA to perform certain functions under both POPIA and PAIA;

 

“operator” means a person who processes Personal Information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party;

 

“person” means a natural person or a juristic person;

 

“Personal Information“ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to –

 

  1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, wellbeing, disability, religion, conscience, belief, culture, language and birth of the person;

  2. information relating to the education or the medical, financial, criminal or employment history of the person;

  3. any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

  4. the biometric information of the person;

  5. the personal opinions, views or preferences of the person;

  6. 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;

  7. the views or opinions of another individual about the person; and

  8. 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;

 

“processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including –

 

  1.  the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval,

  2. alteration, consultation, or use;

  3. dissemination by means of transmission, distribution or making available in any other form; or

  4. merging, linking, as well as restriction, degradation, erasure, or destruction of information;

 

“Promotion of Access to Information Act” and “PAIA” mean the Promotion of Access to Information Act 2 of 2000, together with Regulation 187 of 15 February 2002 as amended to 1 June 2007;

 

“Protection of Personal Information Act” and “POPIA” mean the Protection of Personal Information Act 4 of 2013, together with any and all Regulations that may in the future be promulgated thereunder;

 

“public record” means a record that is accessible in the public domain and which is in the possession of or under the control of a public body, whether or not it was created by that public body;

 

“record” means any recorded information –

 

  1. regardless of form or medium, including any of the following

    1. Writing on any material;

    2. information produced, recorded, or stored by means of any tape recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored;

    3. label, marking or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;

  2. in the possession or under the control of a responsible party;

  3. whether or not it was created by a responsible party; and

  4. regardless of when it came into existence;

 

“Regulator” means the Information Regulator established in terms of section 39;

 

“responsible party” means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing Personal Information, in this document, being the company Isantya / CVforLife, and all its associated and holding companies and associated business units and divisions;

 

“restriction” means to withhold from circulation, use or publication any Personal Information that forms part of a filing system, but not to delete or destroy such information;

 

“special Personal Information” means Personal Information as referred to in section 26 concerning –

 

  1. the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a Data Subject; or

  2. the criminal behaviour of a Data Subject to the extent that such information relates to –

  1. the alleged commission by a Data Subject of any offence; or

  2. any proceedings in respect of any offence allegedly committed by a Data Subject or the disposal of such proceedings;

 

“unique identifier” means any identifier that is assigned to a Data Subject and is used by a responsible party for the purposes of the operations of that responsible party and that uniquely identifies that Data Subject in relation to that responsible party.

 

  1. PURPOSE FOR THE COLLECTION

 

  1. The purpose for the collection of your Personal Information and the reason for the Company requiring  your Personal Information is to enable the Company to –

 

  1. find you employment or a contract position and to this end, make your information available for searching and matching to job opportunities across the Company with the intention of presenting you as a match to the client companies of the Company;

  2. perform appropriate checks on job history, criminal record, educational/ skills qualifications/ registrations/ licenses as well as credit history, where such is required and is permitted by the NCA;

  3. refer you as a candidate for employment with client companies or employ you as staff within our own environment;

  4. notify you of the Company’s various goods, services and offerings using various mediums and platforms, subject always to your right at any time to opt out of such communication; and/ or

  5. access, change and /or update your CV/LinkedIn profile as per information provided;

  6. complete an engagement / onboarding form;

  7. conduct online Zoom / Teams sessions for the purpose of coaching and information gathering to assist with job search and/or preparation of CV/LinkedIn profiles;

  8. referral of services relating to the Company’s main service offerings and;

  9. perform its various recruitment, human resource, and capital operations, as well as ensuring timeous and accurate payroll functions; and/ or the proper administration of your employment benefits such as Healthcare and/ or Retirement Funding where applicable.

 

  1. PROCESSING OF INFORMATION

 

  1. As a business which includes the supply of CV writing, permanent staff placements, job search, CV referrals, international placements and career coaching we may use your personal information, with your consent, to inter alia, administer dealings and potential dealings with clients, assess applications for employment or contractual positions, create online profiles accessible by you using the internet, analyse our web traffic and improve our site and service. By providing us with personal information, you expressly consent to the Company processing your personal information for legitimate and business related purposes.

 

  1. Mandatory

 

  1. comply with the applicable labour, tax and financial legislation;

  2. conclude a contract with you;

  3. keep records in accordance with the BCEA and other applicable laws;

  4. report to government in terms of the applicable laws, including for example, the EEA, SDA, SDLA, LRA, B-BEEA,

  5. UIF, UIFLA and Income Tax Laws;

  6. pay over Skills Development Levies as per the SDLA;

  7. pay over contributions to the Unemployment Insurance Fund and Compensation Insurance Fund;

  8. pay over PAYE and other related taxes to the Receiver of Revenue.

 

All Personal Information which you provide to the Company will only be used for the purposes for which it is collected.

 

  1. CONSEQUENCE OF WITHOLDING CONSENT TO COLLECT AND TO PROCESS PERSONAL INFORMATION

 

  1. You are within your rights to withhold consent to the Company collecting and processing your Personal Information.

  2. Should you refuse to provide the Company with the required consent and/ or information, the Company will be unable to assist you with your employment/ job search / coaching / CV writing and or recruitment requirements or provide you with the Company’s goods or services.

 

  1. STORAGE, RETENTION AND DESTRUCTION OF INFORMATION

 

  1. All Personal Information which you provide to the Company will be held and/ or stored securely for the purpose of recruitment or re-recruitment. Your Personal Information will be stored electronically in a database, which to widen the job seeking opportunities, will be accessible to all the Company’s subsidiary companies. These include CVforLife and Isantya Recruitment.

  2. 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.

  3. 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.

  4. Once this information is no longer required, due to the fact that you no longer need the Company to find you employment or a contracting position, 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.

 

  1. RIGHT TO OBJECT

    1. 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.

 

 

 

 

  1. ACCURACY OF INFORMATION AND ONUS

 

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

  2. Whilst the Company will always use its best endeavors 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.

 

  1. SHARING OF INFORMATION

 

  1. Your Personal Information will be stored electronically in a centralised data base, which to widen the job seeking opportunities, will be accessible to the Company’s subsidiary companies. In particular, the following persons or departments within the Company will have access, under strict confidentiality, to your Personal Information:

 

  1. Third Parties: Whenever we commission other organisations to provide support services to us, we will bind them to our privacy policies as far as they may be required to have access to our customers' personal information to perform such services. Our website may contain links to or from other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, the security or privacy practices employed by other sites. We recommend that you always read the privacy and security statements on such sites.

 

  1. Recruiters: All recruiters and recruitment related roles within the Company.

 

  1. Permanent Staff: Management, HR Practitioners, Payroll Department, Core Benefits Provider, Medical Aid/ Cover Provider, Retirement Funding Provider, Auditors, Legal Practitioners, Government Departments (e.g. Department of Labour).

 

  1. Candidates/Assignees: Management, HR Practitioners, Payroll Department, Finance Department, Core Benefits Provider, Medical Aid/ Cover Provider, Data Capturers, Account Managers, Auditors, Legal Practitioners, Government Departments (e.g. Department of Labour) and specifically, where the candidate or assignee is being referred for a position, client companies will be given sufficient information on which they can base their decision to employ/contract.

 

  1. ACCESS TO THE INFORMATION BY DATA SUBJECT

 

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

 

  1. the details of any of your Personal Information which the Company holds on your behalf; and

  2. the details as to what the Company has done with that Personal Information,

  3. provided that such request is made using the standard section 51 PAIA process, which can be accessed by downloading and completing the standard request for information form, housed under section 51 of our

 

PAIA Manuals - obtained under our website at: www.isantya.com

 

  1. COMPLAINTS

    1. You have the right to address any complaints to the Company Information Officer (stacey@yourcvforlife.com) or to the Personal Information Regulator.

 

  1. RIGHT TO AMEND THIS PRIVACY AND SECURITY STATEMENT

 

  1. We reserve the right to amend this privacy and security statement at any time.

  2. All amendments to this privacy and security statement will be posted on the website.

  3. Unless otherwise stated, the current version shall supersede and replace all previous versions of this privacy and security statement.

 

  1.  DECLARATION AND INFORMED CONSENT

 

  1. I consent to providing the Personal Information required, to the Company, on the understanding that the Company is responsible to abide by the principles set out in POPIA, in the Company POPIA Policy, and in this document.

  2. I declare that all Personal Information supplied to the Company for the purposes of recruitment and related legal and operational reasons is accurate, up-to-date, is not misleading and that it is complete in all respects

  3. I undertake to advise the Company immediately of any changes to my Personal Information, should any of the details change.

  4. By providing the Company with my Personal Information, I consent and give the Company permission to process and further process the Personal Information, as and when required, that I supply to the Company, understanding the purposes for which the Personal Information is required and for which it will be use.

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