Privacy Policy

1. Introduction

NetStaff (Pty) Ltd ("we", "our", "us") is committed to protecting your privacy and Personal Information in accordance with the Protection of Personal Information Act, 2013 (POPIA) and other applicable South African laws. This Privacy Policy explains how we collect, use, disclose, and protect your Personal Information when you use our website and services.

2. Definitions

In this Privacy Policy:

• "Personal Information" means information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person, as defined in POPIA;
• "Processing" means any operation or activity concerning Personal Information, including collection, receipt, recording, organization, collation, storage, updating, modification, retrieval, alteration, consultation, use, dissemination, merging, linking, restriction, degradation, erasure or destruction;
• "POPIA" means the Protection of Personal Information Act, 2013;
• "Data Subject" means the person to whom Personal Information relates;
• "Services" means our staffing and recruitment platform and related services.

3. Information Regulator

We are registered with the Information Regulator of South Africa as required by POPIA. The Information Regulator is responsible for monitoring and enforcing compliance with POPIA.

Information Regulator Contact Details:

• Website: www.justice.gov.za/inforeg
• Email: inforeg@justice.gov.za
• Phone: +27 (0)10 023 5200

4. Personal Information We Collect

4.1 Information You Provide

We collect Personal Information that you voluntarily provide to us, including:

• Name and surname
• Identity number or passport number
• Contact details (email address, phone number, physical address)
• Employment history and qualifications
• Educational background
• Skills and competencies
• References
• Salary expectations
• Banking details (for payment purposes)
• Tax number
• Any other information you choose to provide

4.2 Information Collected Automatically

When you use our Services, we automatically collect:

• IP address
• Browser type and version
• Device information
• Operating system
• Pages visited and time spent on pages
• Referring website addresses
• Cookies and similar tracking technologies

4.3 Special Personal Information

In accordance with POPIA, we may collect special personal information including:

• Race and ethnicity (for Employment Equity Act compliance)
• Disability status (for Employment Equity Act compliance)

Such information is only collected with your explicit consent and where legally required or permitted.

5. How We Use Your Personal Information

We process your Personal Information for the following purposes:

• To provide staffing and recruitment services
• To match job seekers with employment opportunities
• To verify your identity and credentials
• To communicate with you about job opportunities and services
• To process payments and maintain financial records
• To comply with Employment Equity Act requirements
• To comply with tax and other legal obligations
• To improve our Services and user experience
• To prevent fraud and ensure security
• To send marketing communications (with your consent)
• To conduct analytics and research

6. Legal Basis for Processing

We process your Personal Information based on:

• Consent: Where you have given explicit consent for specific purposes
• Contract: Where processing is necessary to fulfill our contractual obligations
• Legal Obligation: Where required by South African law (e.g., tax, employment equity)
• Legitimate Interest: Where necessary for our legitimate business interests, provided this does not override your rights

7. Sharing Your Personal Information

7.1 Third Parties

We may share your Personal Information with:

• Employers: To facilitate job placements
• Service Providers: IT services, payment processors, background check providers
• Professional Advisors: Lawyers, accountants, auditors
• Government Authorities: SARS, Department of Labour, CCMA, as required by law
• Employment Equity Bodies: For compliance with the Employment Equity Act

7.2 Data Sharing Principles

When sharing your Personal Information, we ensure:

• Third parties are bound by confidentiality obligations
• Data is only shared for specified purposes
• Appropriate security measures are in place
• Compliance with POPIA requirements

8. International Data Transfers

Your Personal Information is primarily stored and processed within South Africa. If we transfer Personal Information outside of South Africa, we ensure:

• The receiving country has adequate data protection laws, or
• Appropriate safeguards are in place (e.g., standard contractual clauses), and
• We obtain your consent where required by POPIA

9. Data Security

We implement appropriate technical and organizational measures to protect your Personal Information, including:

• Encryption of data in transit and at rest
• Secure access controls and authentication
• Regular security assessments and updates
• Employee training on data protection
• Incident response procedures

However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.

10. Data Retention

We retain your Personal Information for as long as necessary to:

• Provide our Services to you
• Comply with legal obligations (e.g., tax records for 5 years)
• Resolve disputes and enforce agreements

When Personal Information is no longer needed, we securely delete or anonymize it in accordance with our retention schedule and POPIA requirements.

11. Your Rights Under POPIA

As a Data Subject, you have the following rights:

• Right to Access: Request confirmation of what Personal Information we hold about you
• Right to Correction: Request correction of inaccurate or incomplete information
• Right to Deletion: Request deletion of your Personal Information (subject to legal obligations)
• Right to Object: Object to processing of your Personal Information for direct marketing
• Right to Data Portability: Receive your Personal Information in a structured, commonly used format
• Right to Withdraw Consent: Withdraw consent at any time (without affecting prior lawful processing)
• Right to Complain: Lodge a complaint with the Information Regulator

12. Cookies and Tracking Technologies

We use cookies and similar technologies to:

• Remember your preferences and settings
• Understand how you use our Services
• Improve user experience
• Provide targeted advertising (with consent)

You can control cookies through your browser settings. Note that disabling cookies may affect functionality of our Services. View our Cookie Policy for more information.

13. Marketing Communications

We may send you marketing communications about our Services if:

• You have provided consent, or
• We have a legitimate interest and you have not opted out

You can unsubscribe from marketing emails at any time by clicking the "unsubscribe" link or contacting us directly.

14. Children's Privacy

Our Services are not directed to persons under 18 years of age. We do not knowingly collect Personal Information from children. If we become aware that we have collected information from a child, we will take steps to delete it promptly.

15. Third-Party Links

Our website may contain links to third-party websites. We are not responsible for the privacy practices of these external sites. We encourage you to review their privacy policies.

16. Data Breach Notification

In the event of a data breach that poses a risk to your rights and freedoms, we will:

• Notify the Information Regulator within 72 hours (where feasible)
• Notify affected Data Subjects without undue delay
• Take steps to mitigate harm and prevent future breaches

17. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. We will notify you of material changes by:

• Posting the updated policy on our website with a new "Last Updated" date
• Sending an email notification (for significant changes)

Your continued use of our Services after changes become effective constitutes acceptance of the updated Privacy Policy.

18. Contact Information

18.1 Data Protection Officer

We have appointed a Data Protection Officer to oversee compliance with POPIA:

• Email: privacy@netstaff.co.za
• Phone: +27 (0)11 123 4567
• Address: NetStaff (Pty) Ltd, South Africa

18.2 General Inquiries

For questions about this Privacy Policy or to exercise your rights:

• Email: info@netstaff.co.za
• Phone: +27 (0)11 123 4567

19. Exercising Your Rights

To exercise any of your rights under POPIA, please submit a written request to our Data Protection Officer. We will respond to your request within a reasonable period, not exceeding one month from receipt.

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