POPI (PROTECTION OF PERSONAL INFORMATION) AND TERMS & CONDITIONS
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- POPI (PROTECTION OF PERSONAL INFORMATION) AND TERMS & CONDITIONS
What is the POPI Act
We respect your right to privacy and therefore aim to ensure that we comply with the legal requirement of the POPI Act which regulates the manner in which we collect, process, store, share and destroy any personal information which you have provided to us.
What information will we collect
Name & Surname;
Date of Birth;
Qualifications;
Home Telephone number;
Cellular Number;
Email address;
Employment history
We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.
You agree to provide accurate and complete personal information. Should you fail to provide accurate Personal Information: we may refuse to process your request for services.
Why do we collect Personal Information
We collect personal information in order to liaise with you telephonically, via our website or email so that we may:
- respond to any query or comment received from you;
- inform you of new services;
- enable us to process, validate and verify information and requests for the supply of services;
- for the purposes for which you specifically provided the information; and
- generally to improve your experience on our website.
Minors
If you are under 18 years of age (minor), we will require the consent of your parent/guardian/competent person before we process such personal information.
Processing of Information
We will share your personal information:
- in order to comply with applicable law or with legal process served on our company;
- in order to protect and defend the rights or property of our company; and
- with employees and/or third parties who assist us in providing services to you and thus require your personal information in order to render a proper and efficient service. We will ensure that all such employees and third party service providers, having access to your personal information, are bound by confidentiality agreements.
Security Measures
We will:
- treat your personal information as strictly confidential;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
- We will not retain your personal information longer than the period for which it was originally required, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
ALTHOUGH WE TAKE THE AFOREMENTIONED PRECAUTIONS IN PROTECTING YOUR PERSONAL INFORMATION, WE SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION IF BEYOND OUR REASONABLE CONTROL.
Collection of Information by “Cookies”
You are aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of “cookies.” “Cookies” are small text files a website can use to recognise repeat users, facilitate the user’s ongoing access to and use of the website and allow a website to track usage behaviour and compile aggregate data that will allow content improvements and targeted advertising. Cookies are not programs that come onto your system and damage files. Generally, cookies work by assigning a unique number to you that has no meaning outside the assigning site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies may be necessary to provide you with certain features (e.g., customized delivery of information) available on our Websites.
Your rights
You have the right at any time to:
- rectify the Personal Information collected by us;
- object to the processing of Personal Information (subject to legislation);
- request the return or destruction of Personal Information (subject to legislation);
- lodge a complaint with the company.
Personal Information processed by us will only be routed/transferred to a third party in a foreign country or International organisation if authorised by the person self.
If transferred then we will ensure that the recipient will be subject to law/agreement which provides similar protection to your personal information than the POPI Act.
All enquiries must be addressed to the information officer who can be contacted via email at info@gradconnectsa.com
In compliance with the provisions of the Promotion of Access to Information 2 of 2002 (PAIA), a copy of our manual is available for your perusal.
If you are not satisfied with our response to your query, you may approach the following regulatory body for further assistance:
The Information Regulator (South Africa)
JD House
27 Stiemens Street
Braamfontein
Johannesburg
2001
Complaints email: POPIAComplaints@inforegulator.org.za
Terms & Conditions
Terms and Conditions
- Acceptance of Terms
By using this website (the “Website”), you agree to be bound by these terms and conditions (the “Terms”). If you do not agree to these Terms, please do not use the Website.
- Definitions
For the purposes of these Terms:
- “Employer” means any company, organization, or individual that lists a job opening on the Website.
- “Graduate” means any individual who is registered on the Website and who has a degree from a recognized university or college.
- “User” means any person who accesses or uses the Website.
- Use of the Website
You agree to use the Website in a lawful and ethical manner. You agree not to use the Website for any purpose that is prohibited by law or by these Terms.
- Accuracy of Information
You agree to provide accurate and up-to-date information about yourself on the Website. You agree to update your information on the Website promptly if any changes occur.
- Confidentiality
You agree to keep confidential any information that you receive from other users of the Website. You agree not to disclose any confidential information to any third party without the prior consent of the other user.
- Intellectual Property
You acknowledge that the Website and all of its content, including the text, images, and videos, are protected by copyright and other intellectual property laws. You agree not to copy, reproduce, distribute, or modify any of the Website’s content without the prior written consent of the owner of the copyright or other intellectual property right.
- Limitation of Liability
To the fullest extent permitted by law, we exclude all liability for any loss or damage that you may suffer as a result of using the Website. This includes, but is not limited to, any loss or damage arising from:
- Any inaccuracy or incompleteness of information on the Website;
- Any failure or interruption of the Website’s services;
- Any unauthorized access to or use of your personal information;
- Any defamatory or otherwise unlawful content posted on the Website by other users.
- Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of South Africa. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
- Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.
- Entire Agreement
These Terms constitute the entire agreement between you and us with respect to your use of the Website.
- Changes to the Terms
We reserve the right to amend these Terms at any time. If we amend these Terms, we will post the amended Terms on the Website. Your continued use of the Website after any amendment to these Terms constitutes your acceptance of the amended Terms.
- Contact Us
If you have any questions about these Terms, please contact us at info@gradconnectsa.com // +27 79 581 9522 // +27 74 423 5603.
Relevant South African Legislation
The following South African legislation is relevant to the above terms and conditions:
- Electronic Communications and Transactions Act, 2002 (ECT Act): The ECT Act regulates electronic communications and transactions in South Africa. It includes provisions on the formation of electronic contracts, the protection of consumer rights in electronic transactions, and the security of electronic communications.
- Protection of Personal Information Act, 2013 (POPIA): POPIA regulates the processing of personal information in South Africa. It includes provisions on the collection, use, disclosure, and retention of personal information.
- Copyright Act, 1978: The Copyright Act protects copyright in literary, dramatic, musical, and artistic works. It includes provisions on the reproduction, distribution, and performance of copyrighted works.
Section Numbers
The following section numbers are relevant to the above terms and conditions:
- ECT Act: Section 23
- POPIA: Sections 18-20
- Copyright Act: Sections 11-13
Candidates:
- DEFINITIONS
- In these terms:
- “Employer” a person or entity making use of the Gradconnectsa Platform to engage with users of the Gradconnectsa Platform to potentially offer them work, employment or other career opportunities;
- “Gradconnectsa”, “we”, “us” and “our” means Gradconnectsa
- “Gradconnectsa Platform” means the online platform located at https://gradconnectsa.com/login ;
- “Profile” means your personalised profile created by you through the use of the tools and data forms made available to you on the Gradconnectsa Platform, and which is published on the Gradconnectsa Platform and made visible to other users of the Gradconnectsa Platform;
- “Services” means the service pursuant to which you will be granted access to the Gradconnectsa Platform enabling you to create and configure your Profile and to make use of the functionalities on the Gradconnectsa Platform;
- “you” and “your” means a user of the Gradconnectsa Platform who has validly subscribed to use the Services;
- THE GRADCONNECTSA PLATFORM
- The Gradconnectsa Platform provides you with tools which you can use to build and update your Profile through which you can interact with Employers and other users of the Gradconnectsa Platform. You will not be permitted to register more than one Profile.
- In order to register for the Service and make use of the Gradconnectsa Platform, you will be required to provide complete and accurate information about you and your academic qualifications. It is your responsibility and obligation to ensure that the information which you have provided to us remains up to date, relevant and complete. You can update the information on your Profile at any time.
- Upon registration on the Gradconnectsa Platform, you will receive notifications regarding opportunities including, but not limited to, job advertisements and events. You can disable these notifications on the Gradconnectsa Platform at any time.
- You may be required to upload supporting documentation to prove your academic qualifications and/or relevant work experience, which we may use in order to verify the information contained on your Profile or to share with Employers.
- We process your personal information in accordance with the provisions of our information processing policy available at
- We may issue you with a user or access code which you will be required to submit on each occasion where you access or make use of the Services. You must keep such access code confidential and may not share it with any third party. YOU ARE RESPONSIBLE FOR ALL ACTIONS PERFORMED USING THE ACCESS CODE.
- SCOPE OF THE SERVICES
- Our Service is designed to facilitate interactions between you and Employers. We do not act as your or an Employer’s agent or representative, and accordingly cannot make any representations or undertakings on your or any Employer’s behalf. WE ARE NOT LABOUR BROKERS OR EMPLOYMENT ADVISORS, AND ACCORDINGLY CANNOT GUARANTEE THAT YOU WILL FIND WORK OR EMPLOYMENT THROUGH THE USE OF OUR SERVICES.
- Any dealings or communications which occur between you and an Employer, whether through the Gradconnectsa Platform or otherwise, is a direct relationship between you and the Employer. Although such communications may occur via the Gradconnectsa Platform, we are not party thereto and do not represent either you or the Employer. YOU ARE ACCORDINGLY SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THE INFORMATION WHICH YOU MAKE AVAILABLE TO EMPLOYERS, AND HEREBY INDEMNIFY US AGAINST ANY AND ALL CLAIMS BASED ON INACCURATE OR INCORRECT INFORMATION PUBLISHED ON YOUR PROFILE.
- SUBSCRIPTION PERIOD
- You will be permitted to make use of the Services indefinitely. Your access to the Services will commence on the date that you complete the account registration on the Gradconnectsa Platform. Your access to the Gradconnectsa Platform be terminated on either of the following occurring:
- If your right to receive and make use of the Service is terminated in accordance with the provisions of these terms; or
- Upon the Service being discontinued by us.
- We may at any time suspend, restrict or terminate your access to or use of the Service, and will in particular do so:
- You are in breach of these terms;
- If in our reasonable opinion, you misuse or abuse the Service;
- You supply false or inaccurate information to us, or if you fail to update your information; or
- Due to your inactivity on the Gradconnectsa Platform, which may be evidenced by your failure to keep the information published on your Profile current.
- You will be permitted to make use of the Services indefinitely. Your access to the Services will commence on the date that you complete the account registration on the Gradconnectsa Platform. Your access to the Gradconnectsa Platform be terminated on either of the following occurring:
- DISCLAIMERS
YOU ACKNOWLEDGE THAT THE SERVICES AND RELATED INFORMATION MADE AVAILABLE TO YOU BY US DO NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND AND THAT YOUR USE OF AND RELIANCE ON THE SERVICES ARE ACCORDINGLY AT YOUR OWN RISK.
WE WILL NOT BE LIABLE FOR ANY FAILURE BY YOU TO PROVIDE US WITH CORRECT, ACCURATE AND UP TO DATE INFORMATION, AND HEREBY AGREE TO INDEMNIFY AND HOLD US AND OUR PERSONNEL HARMLESS AGAINST ANY LOSSES OR CLAIMS MADE AGAINST US OR OUR PERSONNEL AS A RESULT OF SUCH FAILURE ON YOUR PART.
WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND YOUR USE OF SERVICES AT ANY TIME IF WE SUSPECT THAT YOUR USE OF THE SERVICES ARE UNLAWFUL.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXTRINSIC OR SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES (WHETHER FORESEEABLE OR UNFORESEEABLE) OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IN RESPECT OF LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION, THIRD PARTY CLAIMS OR OTHER PECUNIARY LOSS), WHETHER BASED ON CONTRACT, DELICT, STATUTE OR OTHERWISE, EXCEPT TO THE EXTENT THAT THE LIMITATION OF LIABILITY IS NOT PERMITTED BY APPLICABLE LAW.
- GENERAL
- These terms constitute the entire agreement between the you and us in respect of your use of our Services and no other agreements, representation or warranty other than as contained in these terms will apply between us with respect your use of our Services.
- No amendment or modification to these terms shall be effective unless in writing and signed by authorised signatories of both parties.
- No latitude, granting of time or forbearance by either party hereto regarding the performance of the other party shall be or be deemed to be a waiver of any term or condition of these terms and no waiver of any breach shall operate a waiver of any continuing or subsequent breach. No waiver shall be effective unless it is expressly stated in writing and signed by the party giving it.
- These terms shall be governed and construed according to the laws of the Republic of South Africa and the Parties agree to submit to the exclusive jurisdiction of the Western Cape High Court, Cape Town regarding any and all disputes arising in connection with your use of the Services.
Companies & Employers :
- DEFINITIONS
- In these terms:
- “we”, “us” and “our” means Gradconnectsa
- “Gradconnectsa Platform” means the online platform located at https://gradconnectsa.com/login ;
- “Candidate” means a person with a tertiary qualification who has registered with Gradconnectsa to use the Gradconnectsa Platform to seek employment opportunities with prospective employers;
- “Services” means the service pursuant to which you will be granted access to the Gradconnectsa Platform enabling you to view information of and to contact Candidates in connection with the possible employment of the Candidate;
- “you” and “your” means a person or entity making use of the Gradconnectsa Platform to benefit from the Services;
- THE GRADCONNECTSA PLATFORM
- Through the use of the Gradconnectsa Platform you will be able to view and solicit information about Candidates and to contact them directly with a view to assessing whether they will be suitable for employment with you. The Gradconnectsa Platforms has tools and functionalities which will enable you to search for suitable Candidates according to various categories relevant to the South African job market.
- In order to register for the Service and make use of the Gradconnectsa Platform, you will be required to provide complete and accurate information about your business and the type of Candidate you require. It is your responsibility and obligation to ensure that the information which you have provided to us remains up to date, relevant and complete. You can update the information provided at any time.
- You may be required to upload supporting documentation to enable us to verify your identity and the nature of your business.
- We may issue you with a user or access code which you will be required to use in order to access the Gradconnectsa Platform. You must keep such access code confidential and may not share it with any third party. YOU ARE RESPONSIBLE FOR ALL ACTIONS PERFORMED USING THE ACCESS CODE.
- SCOPE OF THE SERVICES
- The Service is designed to provide you with access to information about Candidates so that you can determine whether or not you want to contact them in connection with possible employment in your business. Any contact between you and a Candidate which takes place after the initial introduction facilitated by us through the Gradconnectsa Platform (including any subsequent dealings and negotiations between you and a Candidate relating to possible employment) is a direct relationship between you and the Candidate. Although the Gradconnectsa Platform may facilitate communications between you and a Candidate, we are not party thereto and do not endorse, advise on or otherwise monitor the content thereof.
- YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND COMPLETENESS OF THE INFORMATION WHICH YOU MAKE AVAILABLE TO US AND THE CANDIDATES, AND YOU ACCORDINGLY HEREBY INDEMNIFY US AGAINST ANY AND ALL CLAIMS BASED ON INACCURATE OR INCORRECT INFORMATION WHICH YOU PROVIDE TO OR RECEIVE ABOUT CANDIDATES.
- We do not act as your or any Candidate’s agent or representative, and accordingly cannot make any representations or undertakings on either your or any Candidate’s behalf. WE CANNOT GUARANTEE THAT CANDIDATES WILL TAKE UP EMPLOYMENT WITH YOU. IN PARTICULAR, WE ARE NOT A LABOUR BROKER NOR WILL WE PROCURE THAT CANDIDATES PROVIDE SERVICES TO YOU OTHER THAN AS YOUR EMPLOYEE.
- PERSONAL INFORMATION
- You will in connection with the Service be able to Process the Personal Information of Candidates which we make available to you via the Gradconnectsa Platform. “Process” and “Personal Information” will for the purposes of this clause 4 have the meanings ascribed to them under the Protection of Personal Information Act No. 4 of 2013 (“POPIA”).
- Candidates have consented to us providing their Personal Information to you solely to enable you to make use of the Service. YOU ACKNOWLEDGE THAT YOU WILL IN ALL RESPECTS IN CONNECTION WITH YOUR SUBSEQUENT PROCESSING OF SUCH PERSONAL INFORMATION BE THE “RESPONSIBLE PARTY” (AS THE TERM IS DEFINED UNDER POPIA) AND WILL ACCORDINGLY COMPLY WITH THE OBLIGATIONS OF THE RESPONSIBLE PARTY AS THEY ARE SET OUT UNDER POPIA. YOU HEREBY INDEMNIFY US AGAINST ALL CLAIMS, LOSSES, FINES, DAMAGES AND LIABILITIES IN CONNECTION WITH YOUR PROCESSING OF THE PERSONAL INFORMATION OF CANDIDATES.
- TERM
-
- You will be permitted to access the Gradconnectsa Platform and make use of our Services for the duration that you are validly subscribed to do so. Your subscription to the Services will commence on the date that you complete the sign-up process on the Gradconnectsa Platform and will terminate on either of the following occurring:
- If your right to receive and make use of the Service is terminated in accordance with the provisions of these terms; or
- Upon the Service being discontinued by us.
- We may at any time suspend, restrict or terminate your access to or use of the Service, and will in particular do so:
- You are in breach of these terms;
- If in our reasonable opinion, you misuse or abuse the Service; or
- You supply false or inaccurate information to us, or if you fail to update your information.
- You will be permitted to access the Gradconnectsa Platform and make use of our Services for the duration that you are validly subscribed to do so. Your subscription to the Services will commence on the date that you complete the sign-up process on the Gradconnectsa Platform and will terminate on either of the following occurring:
- DISCLAIMERS
YOU ACKNOWLEDGE THAT THE SERVICES AND RELATED INFORMATION MADE AVAILABLE TO YOU BY US DO NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND AND THAT YOUR USE OF AND RELIANCE ON THE SERVICES ARE ACCORDINGLY AT YOUR OWN RISK.
WE WILL NOT BE LIABLE FOR ANY FAILURE BY YOU TO PROVIDE US WITH CORRECT, ACCURATE AND UP TO DATE INFORMATION, AND HEREBY AGREE TO INDEMNIFY AND HOLD US AND OUR PERSONNEL HARMLESS AGAINST ANY LOSSES OR CLAIMS MADE AGAINST US OR OUR PERSONNEL AS A RESULT OF SUCH FAILURE ON YOUR PART.
WE DO NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE. WE RESERVE THE RIGHT TO CANCEL OR SUSPEND YOUR USE OF SERVICES AT ANY TIME IF WE SUSPECT THAT YOUR USE OF THE SERVICES ARE UNLAWFUL.
OUR TOTAL LIABILITY TO YOU IN RESPECT OF ANY BREACH BY US OF OUR OBLIGATIONS UNDER THESE TERMS SHALL NOT EXCEED AN AMOUNT WHICH IS EQUAL TO THE AMOUNT OF FEES WHICH YOU HAVE PAID TO US DURING THE THREE MONTHS PRECEDING THE DATE OF YOUR CLAIM, SAVE TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRINSIC OR SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES (WHETHER FORESEEABLE OR UNFORESEEABLE) OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IN RESPECT OF LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, BUSINESS INTERRUPTION OR THIRD PARTY CLAIMS) WHETHER BASED ON CONTRACT, DELICT, STATUTE OR OTHERWISE, EXCEPT TO THE EXTENT THAT THE LIMITATION OF LIABILITY IS NOT PERMITTED BY APPLICABLE LAW.
- GENERAL
- These terms constitute the entire agreement between the you and us in respect of your use of our Services and no other agreements, representation or warranty other than as contained in these terms will apply between us with respect your use of our Services.
- No amendment or modification to these terms shall be effective unless in writing and signed by authorised signatories of both parties.
- No latitude, granting of time or forbearance by either party hereto regarding the performance of the other party shall be or be deemed to be a waiver of any term or condition of these terms and no waiver of any breach shall operate a waiver of any continuing or subsequent breach. No waiver shall be effective unless it is expressly stated in writing and signed by the party giving it.
- These terms shall be governed and construed according to the laws of the Republic of South Africa and the Parties agree to submit to the exclusive jurisdiction of the Western Cape High Court, Cape Town regarding any and all disputes arising in connection with your use of the Services.