Responsible AI Terms and Conditions

1. Introduction

Welcome to NetStaff ("we", "our", "us"). These Responsible AI Terms and Conditions ("AI Terms") supplement and form part of the NetStaff Terms and Conditions ("Main Terms") available at Here. These AI Terms specifically govern your use of any artificial intelligence ("AI") features or functionalities incorporated into our Services, such as AI-driven candidate matching, profile insights, or recruitment recommendations.

By accessing or using any AI features within our Services, you agree to be bound by these AI Terms, the Main Terms, our Privacy Policy, and all applicable laws and regulations of the Republic of South Africa, including the Protection of Personal Information Act, 2013 ("POPIA"). If you do not agree to these AI Terms, you must not use any AI features and should contact us to opt out where possible.

These AI Terms address our commitment to responsible AI deployment, ensuring ethical use, transparency, and compliance with POPIA in all AI-related processing activities.

2. Definitions

In addition to the definitions in the Main Terms, the following terms apply specifically to these AI Terms:

• "AI Services" means the AI-powered tools and functionalities provided through our platform, including but not limited to automated candidate screening, job matching algorithms, and predictive analytics;
• "Anonymised Data" means Personal Information that has been de-identified in accordance with POPIA section 6, such that the data subject cannot reasonably be re-identified, and which is therefore excluded from the definition of Personal Information under POPIA;
• "AI Engine" means the third-party AI processing system located outside the Republic of South Africa to which Anonymised Data may be transferred for processing in connection with the AI Services;
• "Automated Decision-Making" has the meaning assigned to it in POPIA section 71, referring to decisions made solely by automated processing, including profiling, which produce legal effects or similarly significant effects concerning a data subject.

3. Acceptance of AI Terms

By registering for an Account, using the AI Services, or providing consent during onboarding, you acknowledge that you have read, understood, and agree to be bound by these AI Terms, the Main Terms, and our Privacy Policy. Your continued use of the AI Services constitutes ongoing acceptance. If you are using the Services on behalf of an organisation, you represent that you have the authority to bind that organisation to these AI Terms.

4. Description of AI Services

Our AI Services leverage advanced algorithms to enhance staffing and recruitment processes, such as generating personalised job recommendations for job seekers or ranking candidates for employers based on skills, experience, and fit. These services are designed to promote efficiency and fairness while adhering to South African employment laws, including the Employment Equity Act, 1998.

To deliver the AI Services:

• We collect and process data from User profiles, job postings, and interactions, which may initially include Personal Information.
• Such data is anonymised prior to any transfer to the AI Engine to ensure it falls outside POPIA's scope where possible.
• Anonymised Data is then transferred to the AI Engine for processing, analysis, and model training.
• Outputs from the AI Engine are reviewed and integrated back into our platform, with human oversight applied to final recommendations to mitigate risks of bias or error.

We do not engage in Automated Decision-Making that produces legal effects without your explicit consent or as permitted under POPIA section 71(2).

5. Data Processing and POPIA Compliance

We are committed to processing all data in a lawful, fair, and transparent manner as required by POPIA sections 4 and 11.

5.1 Lawful Basis for Processing

• Processing for AI Services relies on your consent (POPIA section 11(1)(a)), necessity for contract performance (section 11(1)(b)), or our legitimate interests (section 11(1)(f)), such as improving Service quality.
• For further processing beyond the original collection purpose, we ensure compatibility under section 13(1)(a) or obtain specific consent.

5.2 Anonymisation and Minimisation

• We apply robust de-identification techniques to convert Personal Information into Anonymised Data before transfer, minimising collection and retention as per POPIA section 10.
• Only necessary data is processed; special categories of Personal Information (e.g., health or biometric data) are excluded from AI processing unless explicitly consented to and authorised.

5.3 Cross-Border Data Transfers

• Anonymised Data may be transferred to the AI Engine outside South Africa.
• Where any residual Personal Information is involved, transfers comply with POPIA section 72 through appropriate safeguards (including a binding data processing agreement), your explicit consent, or necessity for contract performance.
• We conduct due diligence on the AI Engine provider and implement security measures such as encryption.

5.4 Accountability and Transparency

• As the responsible party under POPIA, we maintain records of processing activities, conduct Personal Information Impact Assessments ("PIIAs") for high-risk AI uses, and obtain prior authorisation from the Information Regulator where required.
• You have the right to request explanations of AI outcomes, challenge Automated Decision-Making, and access, correct, or object to processing via our Privacy Policy mechanisms.

5.5 Security and Breach Notification

We implement technical and organisational measures to secure data against unauthorised access or breaches (POPIA section 19). In the event of a confirmed security compromise involving Personal Information, we will notify affected Users and the Information Regulator as required under POPIA section 22.

By using the AI Services, you consent to the processing described above and acknowledge our role as operator where third parties are involved.

6. User Responsibilities

As a User, you agree to:

• Provide accurate, complete, and lawful information for use in AI Services;
• Obtain necessary consents before submitting third-party data;
• Not attempt to reverse-engineer or interfere with AI algorithms;
• Report any suspected biases or inaccuracies in AI outputs promptly.

You warrant that your use of AI Services complies with applicable laws, including non-discrimination under the Employment Equity Act, 1998.

7. Intellectual Property and AI Outputs

AI-generated outputs (e.g., recommendations) are owned by NetStaff but licensed to you for personal or internal business use only, subject to the intellectual property provisions in the Main Terms section 7. You may not claim ownership of or commercially exploit raw AI models or training data.

8. Limitations and Disclaimers

• No Guarantees: AI Services are provided "as is" without warranties of accuracy, completeness, or freedom from bias. Outputs may contain errors, and we do not endorse or guarantee employment outcomes.
• Bias and Fairness: While we implement measures to detect and mitigate biases, we cannot eliminate all risks. Users must independently verify AI recommendations.
• Our liability for AI-related claims is limited as per Main Terms section 10, with no responsibility for decisions based solely on AI outputs.

9. Indemnification

You agree to indemnify NetStaff as per Main Terms section 11, specifically including claims arising from inaccurate data you provide or misuse of AI outputs.

10. Dispute Resolution

These AI Terms are governed by the laws of the Republic of South Africa, with disputes resolved as per Main Terms sections 12.1 and 12.2. Nothing herein limits rights under the Consumer Protection Act, 2008 (Main Terms section 13).

11. Changes to AI Terms

We may update these AI Terms to reflect legal changes or Service improvements. Notice will be provided via email or website posting, with continued use indicating acceptance (Main Terms section 15).

12. Severability

As per Main Terms section 16.

13. Contact Information

For questions about these AI Terms or POPIA compliance, contact us:

• Email: info@netstaff.co.za
• Phone: +27 82 000 0000
• Address: NetStaff (Pty) Ltd, PO Box 1431, George, 6530, South Africa