Terms Of Use – Candidates

We know that this legal jargon is not fun to read, but at the end of the day our Terms of Use defines our relationship with you.

Terms

  • All iPersonnel services that facilitate applications for employment are free of charge.
  • Certain ancillary products and services may attract a transaction fee that is payable at the execution of the transaction.
  • Your telephone or Cellular Service Provider will charge all telephone calls that you make to iPersonnel’s telephony-based facilities at their normal rates.

Conditions

  • You indemnify iPersonnel against all claims, actions, suits, liabilities, costs and expenses incurred on any account as a result of the listing or intended listing of any resumé by you on www.iPersonnel.co.za, *.ci.hr or any related career site (including our CI ATS customers).
  • iPersonnel makes every effort to ensure that Applicant Data is treated in the strictest confidence, however, you will not hold iPersonnel responsible if your resumé was unlawfully copied from the iPersonnel website through nefarious means and/or distributed without consent.
  • Access to the candidate resumé database is available only to iPersonnel Employer customers who have been approved for resumé search capabilities and whom iPersonnel has issued with privileged access codes to search the iPersonnel database. Such iPersonnel customers may access the candidate resumé database solely for the purpose of identifying candidates whose work preferences for location, category, industry, and occupation match the customers’ current vacancy advertisements with iPersonnel. While iPersonnel will make every effort to ensure that iPersonnel customers adhere to this undertaking, you herewith indemnify iPersonnel against wrongful conduct, of any kind, by iPersonnel Employer customers.
  • While iPersonnel will implement precautionary measures to ensure that the iPersonnel website is free from viruses, iPersonnel cannot and does not guarantee or warrant that files available for downloading through the site or delivered via electronic mail through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient protective software on your system that will satisfy your particular data security requirements and for maintaining a means external to your workstation for the reconstruction of any lost data.
  • You agree to take precautionary measures to ensure that your resumé on iPersonnel is free from viruses or other destructive code.
  • iPersonnel reserves the right to either reject or remove any resumé from its site(s) for any reason whatsoever.
  • You agree to present yourself truthfully in your resumés on iPersonnel.
  • iPersonnel makes every effort to deliver applications to vacancies in the shortest possible time. You will however not hold iPersonnel liable for any loss or damage as a result of any failure or delay in the delivery of an application for employment to an advertiser.
  • You agree, at all times, to deal with any information or products provided by iPersonnel in a manner which abides by all applicable laws of South Africa, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
  • To the fullest extent permitted by law, iPersonnel and its associates exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on any services provided by iPersonnel or its associates. iPersonnel and its associates at all times limit their liability to the re-supply, where possible, of services not properly rendered; and where the re-supply of the service is not possible, to the refund of moneys paid for such services. iPersonnel will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to your actions or omissions.
  • You agree to keep iPersonnel and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against iPersonnel as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by iPersonnel to you.
  • You may not assign or transfer your rights and obligations to any other person without iPersonnel’s prior written approval (which will not be unreasonably withheld).
  • This agreement is governed by the laws of South Africa. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of South Africa, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
  • iPersonnel retains all intellectual property rights contained in the data stored on iPersonnel and services provided by iPersonnel, and you agree not to infringe any of iPersonnel’s rights without iPersonnel’s prior written consent. This includes the use of public domain information represented on iPersonnel.
  • You agree not to use the iPersonnel infrastructure or technology to market any service to iPersonnel.

Terms and Conditions – Advertisers

  1. Scope

1.1
iPersonnel PTY Ltd (hereinafter referred to as “iPersonnel”) and the undersigned business partner (hereinafter referred to as “customer”) agree to fulfil the performance of their contract pursuant to these terms and conditions and the price list. iPersonnel’s terms and conditions, together with the additional terms and the price list contain the whole agreement between iPersonnel and the customer. Any terms and conditions of the customer do not apply, unless iPersonnel explicitly consents to them in writing.

1.2
The version of iPersonnel’s terms and conditions in force at the time of the last concluded contract with the customer, shall apply to the relationship between iPersonnel and the customer. These terms and conditions only apply to business customers and not to consumers.

  1. Conclusion of Contract

The contract is concluded when iPersonnel receives the signed acceptance of the contract offer, which shall contain the date, company stamp or signature of the customer. Amendments and additions to the contract as well as statements and individual instructions must be made in writing. Conditioning out the written form requirement also requires written form. If iPersonnel receives the acceptance of the contract offer after the end of a deadline for the offer, this shall be deemed a new offer made by the customer. The contract is then concluded by acceptance by iPersonnel which will either be made explicitly in text form or implicitly by provision of the services.

  1. Description of services

3.1
The contract obliges iPersonnel to provision the products and perform the services agreed upon in the contract, displayed at www.iPersonnel.co.za, *.ci.hr or any related career site (including our CI ATS customers) (“service elements”) in accordance with these terms and conditions. The publishing period in relation to access to application service provider products shall be at least 20 hrs per day. The description of services in our additional terms and conditions applies in addition.

3.2
The contract entitles iPersonnel to use customer data for trend analysis and surveys, however, results shall be published anonymously.

3.3
Non-competition clauses are not accepted.

  1. Remuneration

4.1
Payment for the services performed by iPersonnel is set out in the price list given to the customer. The price list published in the Dated Proposal at the time the offer was made to customer shall prevail. Services that are not included in the iPersonnel price list are subject to individual agreements between iPersonnel and the customer.

  1. Conditions of Payment

5.1
Payment referred to in section 4, includes all additional costs such as e-mails, telephone calls, fax, data transmission, copies and postage which are usually incurred. The cost of corrections and proof-reading that have occurred as a result of the customer supplying incorrect data are not included. iPersonnel will inform the customer if the additional costs exceed the average amount in relation to individual orders. The customer is obliged to pay iPersonnel for these additional costs if he has consented to them.

5.2
If a service element contains an error, the first correction of the incorrect service element is free of charge provided that the error was not caused by the customer’s faulty performance. Thereafter every additional correction shall be charged for according to iPersonnel’s price list valid at the time when the order for correction was made. However, if iPersonnel makes a mistake in the first correction, the first additional correction shall be free of charge

5.3
The customer will be invoiced immediately upon conclusion of contract unless otherwise expressly agreed in writing. iPersonnel reserves the right to demand advance payment. Payment is due as per “Payment Terms” stated in the accepted proposal, without deductions.

When a default in payment or a deferment of payment has occurred interest will be charged at the rate of 9% above the REPO Rate of the Reserve Bank of South Africa and collection costs will also be charged. In the event of a default in payment, iPersonnel can suspend further performance of the contract until the payment has been made in full. This shall not apply if the customer is entitled to assert a right of retention. If the parties agreed on payment by instalments, and an instalment is not paid 30 days after the due date, the whole of the remaining amount shall become payable immediately.

5.4
All prices exclude any VAT legally payable on the date of the invoice.

5.5
If payment is made from abroad, payment by bank transfer from abroad will only be accepted if all bank fees and expenses are paid by the customer.

5.6
Any payments made by the customer will be credited against the oldest outstanding invoice. iPersonnel may refuse to fulfil its services until customer has made all outstanding payments.

5.7
We reserve the right to send all invoices and correspondence in relation to invoices such as but not limited to dunning letters only as an attachment in an email. On that account, the customer undertakes to provide iPersonnel with a valid email address and to promptly inform iPersonnel of any changes in email address.

  1. The Basis of Cooperation

6.1
iPersonnel is committed to continually optimise the number of responses to advertisements of the customer and to improve the quality and quantity of the searchable applications. This includes:

  • Working together with several cooperation partners in all media (including online, offline, TV, mobile and moving pictures media and any new forms of exploitation). The customer hereby gives iPersonnel the right to publish service elements without prior notice in online and offline media, print media and audio and video media. iPersonnel pays special attention to the image and quality of its cooperation partners:
  • Ensuring a user-friendly readability on all devices by optimising the display of advertisements.

6.2
The customer’s rights under this contract are neither transferable nor assignable. The contract can only be transferred to a third party with iPersonnel’s consent.

6.3
As far as iPersonnel has obtained the customer’s email address in connection with an order, iPersonnel may, also after the end of the contract, send information, questionnaires and other commercial communication concerning similar services provided by iPersonnel via email. The customer may opt out at any time with effect for the future without any form requirements and free of charge. iPersonnel will inform about the right to opt out in every email.

6.4
The customer undertakes to provide all information and other documentation required for achieving the objectives set out in the contract. This includes, in particular, the delivery of advertisement texts and layouts in a digital form. This also includes the customer’s obligation to immediately inform iPersonnel if one of the service elements becomes outdated. Furthermore, the customer is obliged to fulfil the requirement to co-operate as described in the corresponding additional terms and conditions or, when available, as described in the product descriptions for the various service elements. If these requirements are not fulfilled in time, iPersonnel’s period of performance shall be prolonged accordingly.

6.5
The customer shall ensure that he receives emails from iPersonnel unobstructed and will set iPersonnel as “trusted server”. This shall avoid that online applications, which are sent through iPersonnel’s online application form, are filtered by customer’s spam filters. The same applies to correspondence under this agreement.

6.6
iPersonnel reserves the right to not execute orders placed by the customer or to withdraw service elements that have already been published if they breach legal provisions, official regulations, the rights of third parties or good morals or the terms and conditions of iPersonnel (“illegal content”). This also applies if links included in the customer’s service elements lead directly or indirectly to pages containing illegal content. The customer’s payment obligation remains unaffected. iPersonnel shall only be obliged to remove illegal content that breaches legal provisions and/or at the request of the customer. The customer undertakes to indemnify iPersonnel and hold iPersonnel harmless against all payments and legal costs incurred due to illegal content or breach of law on first demand.

6.7
In particular this includes following content:

  • If a self-employed or freelance job is posted, it must be made explicitly that the job is self-employed or freelance.
  • If the candidate has to make payments or investments (including training and/or travel fees), this must be made explicitly clear in the service element. The same applies where a commission is paid for the attraction of new members to a closed system.
  • Service elements must refer to a specific vacant position or job.
  • Ads for club memberships and ponzi schemes, pyramid sales or similar are not allowed. Websites that are linked to, must comply with legal requirements, and must in particular have a section that contains the legal information needed in accordance with South African statutory and case law.
  • Service elements must not violate anti discrimination law.
  • Even if the aforesaid requirements are met no content must be published besides the content related to the position or job that is irrelevant to the job search, such as e.g. competitions, events without career relevance, mere sales campaigns etc.

If these requirements are not fulfilled the content shall be deemed Illegal Content as per clause 6.6.

6.8
iPersonnel bears no responsibility for received data, texts for advertisements or the corresponding storage media, and in particular is not obliged to preserve or return these items to the customer.

6.9
iPersonnel is entitled to use vicarious agents.

6.10
The customer is responsible for configuring and arranging his infrastructure in accordance with the prevailing state of the art so that it becomes neither a target nor a source of disruptions which could affect the Internet service supplied by iPersonnel or trouble and fault free network operation in general.

6.11
The customer guarantees that all of his content or parts thereof published by him on the Internet or given to iPersonnel for publication are not encumbered by third party rights. The customer shall indemnify iPersonnel and hold iPersonnel harmless against any damage iPersonnel suffers from an infringement of this provision by the customer on first demand.

6.12
For job service elements that are published or used at websites that are not operated by iPersonnel PTY limited additional requirements and restrictions may apply. Please be informed that in other countries certain additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by iPersonnel PTY Limited are provided upon request.

  1. Intellectual Property Rights

7.1
This contract does not transfer any (intellectual) property right, license or right of use from iPersonnel to the customer. All of iPersonnel’s rights (including but not limited to copyright, trademark rights, sui generis database rights, logos, titles as well as any other commercial rights) remain iPersonnel’s (intellectual) property without restriction.

7.2
All material and content published by iPersonnel is subject to iPersonnel’s intellectual property rights (copyright, trademark rights and sui generis database rights), except for the individual elements of such material and content designed by the customer or a third party that are already subject to a customer’s or third party’s intellectual property rights and that have not been modified/revised by iPersonnel.

7.3
By placing the order for publishing job listings on the Internet, obtains the sole database right to the customer’s job listings published in the database by iPersonnel.

7.4
The customer is responsible for ensuring that the content to be published complies with press law, competition law and other applicable provisions.

7.5
By placing the order, the customer warrants and guarantees that he has obtained all necessary exploitation rights, copyrights and ancillary copyrights that are required for the publication of his data and content on the Internet.

  1. Warranty, Malperformance

8.1
iPersonnel warrants that it will fulfil the services ordered by the customer to be rendered by iPersonnel on the Internet in a manner that complies with usual technical standards.

8.2
Warranty claims shall neither exist in case of immaterial deviations from the agreed quality nor in case of immaterial impairment of the usability. The customer shall notify possible defects in writing immediately and at the latest 7 days after the service elements have been put on the Internet. If iPersonnel’s is liable for a defect of a service element, iPersonnel shall initially correct the defect by displaying the service elements for a longer period. Only if this measure fails, the customer is entitled to claim a price reduction for that specific element. Upon iPersonnel’s request the customer must inform iPersonnel within a reasonable period if he insists on the delivery of the services or if and what other rights he claims because of the delayed services.

8.3
All liability claims shall become time barred after one year of the date on which the customer was aware or should have been aware without gross negligence of the customer giving rise to such claim.

  1. Liability

9.1
iPersonnel shall be liable for damages – irrespectively of their legal basis – in case of gross negligence and intent as well as for damages because of death, injuries of the body or health, if iPersonnel has fraudulently concealed a defect or guaranteed its absence as well as for claims under product liability law. In other cases iPersonnel shall only be liable for damages resulting from the violation of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, in this case the liability is limited to usual damages foreseeable under the contract.

9.2
In case of a violation of iPersonnel’s obligations that is not a defect; the customer may only withdraw from or terminate the agreement if iPersonnel is responsible.

9.3
If a claim is raised against the customer by a third party because of an alleged infringement of patents, copyrights, trademarks or business secrets because of a service provided by iPersonnel (“IPR-infringement”), iPersonnel shall indemnify the customer from all costs (including reasonable costs for legal defense) and claims that occur to the customer due to final decisions of a competent court or any settlement agreement entered into by iPersonnel, provided that (i) the IPR-infringement has not been caused by the customer, e.g. in case of publication of illegal content as per clause 6.6, (ii) iPersonnel remains the full control in defending any claims because of an IPR-infringement and (iii) the customer provides reasonable support and all information to enable iPersonnel to fulfil its obligations hereunder. The indemnification in this clause shall not apply for any measures or declarations that have been made without iPersonnel’s prior approval and shall not apply if the customer continues an IPR-Infringement after he has been informed of changes or modifications that would have avoided an infringement. If an IPR-Infringement is determined by a competent court or if iPersonnel considers an IPR-Infringement possible, iPersonnel may in its discretion either (i) at its own expense replace or modify its services so that no IPR is breached,(ii) obtain an exploitation right to use the IPR for the customer or (iii) if measures according to (i) and (ii) are not reasonable or possible, terminate the agreement with immediate effect. The customer shall immediately inform iPersonnel in writing, if it becomes aware of such breaches of third party IPR.

  1. Confidentiality

10.1
iPersonnel shall treat as confidential all information delivered pursuant to this contract which is marked confidential. This obligation of iPersonnel shall also continue after this contract has expired.

10.2
Upon accepting the offer, both parties agree to mutually comply with all applicable privacy and data protection laws.

10.3
The customer is advised in accordance with data protection laws that iPersonnel stores its data in a machine readable form and uses it according to the purposes of this contract.

10.4
It is the customer’s responsibility to treat any ID, password or username or other security device provided for the use of the services with due diligence and due care and to take all necessary steps to ensure that they are kept confidential, secure, are used properly and are not disclosed to unauthorized persons. The customer will be held responsible for any usage of his password or his username by third parties unless the customer provides evidence that the access to such password or username by such third parties has not been enabled by him and that the cause of any such access attained does not lie within his sphere of influence. The customer must immediately inform iPersonnel if it is likely or has become known that someone not authorized is using his password or username or if they are being or are likely to be used in any unauthorized way. In the event of a breach of any material obligations of the customer under this contract, in particular including but not limited to the infringement of any obligation described in this section, iPersonnel is entitled to immediately interrupt the operation of its services without further notice and without releasing the customer from any payment obligations.

  1. Cease and desist undertakings or court orders

11.1
If the customer has received a cease and desist letter due to a product published at iPersonnel, gave an undertaking to cease and desist from certain advertisement (-content) or if a respective court order, judgement or any other court decision has been served, the customer is required to inform iPersonnel immediately in writing about this. If the customer fails to inform iPersonnel, iPersonnel shall not be liable. The customer shall then be required to indemnify iPersonnel on first demand against claims of third parties and shall hold iPersonnel harmless from any eventual damages.

  1. Term

12.1
This agreement shall be effective from the date on which iPersonnel receives a signed version of the contract. The term agreed therein shall also begin with reception of the signed contract, or if another commencement date is agreed upon, with such commencement date. This contract terminates automatically after the agreed period has expired, unless the additional terms and conditions set out below contain different provisions.

12.2
Service elements can only be ordered during the agreed contractual period. The customer’s right to order service elements which have not been claimed before the termination of the contract shall end with the termination of the contractual period.

Additional terms and conditions

Advertisements

  1. Description of services

1.1
These additional terms and conditions for job listings, banners and company presentations (“advertisements”) apply in addition to our general terms and conditions and prevail in case of doubt. iPersonnel shall publish advertisements on the Internet on behalf of the customer in HTML format. The advertisements may embed GIF, JPEG or PNG files. Other graphical formats and embeddedfiles are not possible.

1.2
The content to be published must comply with following requirements; otherwise they are considered as illegal content with the consequences as per clause 6.6 of iPersonnel’s General Terms and Conditions:

  • Within a job ad only links to the contracted company’s online presence are allowed.
  • Text references and/or links within a job ad to further job offers that are not published at iPersonnel are not permitted. This includes the vacant jobs section at the customer’s website.
  • The request for unsolicited job applications is not permitted.
  • Links to competitors of iPersonnel are not allowed unless the customer itself is competitor of iPersonnel and links to its own online presence.
  • All content of a job ad must be directly visible to the user. Unless explicitly offered by iPersonnel as part of Certain advertisements, interactive elements, which are controlled by e.g. clicks or mouse over, and the Customer’s own tracking codes are not permitted. In any case links which lead to external pages must be designed in such way that it is perceivable that they link to external pages.
  • Links are permitted only as “no follow” links, i.e. they must be set in such way they are not used by search engines to evaluate the link popularity.
  • All content of a job ad as must be handed over to iPersonnel and must not include frames or any other forms of download via other servers.
  • Taking any influence outside the options provided by iPersonnel (indexing and categorization, title and visible text of the ad) is not permitted. This includes in particular without being limited thereto invisible texts (e.g. white text in front of white background, text behind a picture, use of a CSS to conceal text, use of font size 0) and invisible links.
  • Indexing and categorization, title and visible text of the ad must relate to the position offered in the ad.
  • A job advertisement must contain the company name and a description of the company, a job description, a profile of requirements, the place of work and a way to apply, unless otherwise contracted with iPersonnel.
  • The job description must not refer to different jobs. It must contain the job title and describe the job and tasks. The job description must describe the vacant job correctly and must not be misleading. The advertised job must not be amended during the term of publication, additional places of work may not be added during the term of publication. In case of non compliance iPersonnel reserves the right to charge an additional amount subsequently instead of the consequences as per clause 6.6 of the General Terms and Conditions.
  • A job advertisement may not be published in different language versions and all content needs to be published in English.

1.3
iPersonnel is allowed, but not required, to publish advertisements on websites owned and operated by iPersonnel and directed towards certain professional categories (“Channels”) and may refuse publication on Channels in its sole discretion. In addition, iPersonnel is entitled, but not obliged, to publish advertisements in other media, offline or online or by print or to distribute advertisements to third parties for further publishing. iPersonnel cooperates with media partners for this purpose, and hosts the iPersonnel job board or parts thereof at further URLs without requesting prior approval from the customer. A list of cooperating media partners can be requested from iPersonnel. The publication in other media or with cooperation partners, e.g. in case of mobile optimized ads, may be made in a different and/or standardized layout. iPersonnel will not charge any additional fees for such additional performance.

1.4
The customer is aware that content published on the internet is crawled by search engines such as google and others and that these search engines archive the published content. iPersonnel will set a meta tag of the job ad that the job ads shall not be archived. If an ad is still archived by a search engine iPersonnel shall not be liable and any requests for deletion shall be made to the search engine.

1.5
iPersonnel reserves the right to convert the display of job ads in order to improve the listing quality across all devices.

1.6
The above description of services is comprehensive.

  1. Duration of Publication

2.1
Unless otherwise agreed, a job listing is displayed for a period of 30 days, a banner for a period of 7 days. After the period for which a job listing is placed, the display of it can be prolonged for 30 days as long as the prolongation happens within the contractual term. The display prolongation is considered a new placement of the job listing (for a fee). In case of a quota agreement, unspent credits can be used for the placement of the job listing.

2.2
Users with a personal iPersonnel account can store job listings in their personal iPersonnel account for up to 2yrs. The stored job listings will be accessible beyond the actual contract period in accordance with number 2.1 for these users.

  1. Offers that are subject to change: International Deals, free services, job ads for training and internships

3.1
Offers and rates for international deals are subject to change until the specific advertisement is placed and depend on iPersonnel’s continued cooperation with its cooperation partners in the respective countries. A change of iPersonnel’s conditions for international deals does not entitle the customer to terminate framework agreements.

3.2
In its sole discretion iPersonnel may offer certain services free of charge from time to time to specific conditions. All services free of charge are subject to change and can be suspended or terminated by iPersonnel at any time. The customer cannot claim continued fulfilment of services free of charge.

3.3
The placement of advertisements for training and internship contracts is provided in accordance with clause 4.2 as self-service.

  1. Miscellaneous

4.1
The customer is advised and agrees that iPersonnel cannot prevent the unapproved publication of job listings by third parties. iPersonnel shall however, subject to technical and legal limitations, use its best efforts to prevent such unapproved publication. The customer agrees thereto.

4.2
The customer shall hereby assign to iPersonnel any rights in the ownership of a database that may exist with respect to any multiple advertisements delivered to iPersonnel for publication. In particular, the customer acknowledges that iPersonnel is the producer of the database of such job listings and has the sole database right to the customer’s job listings published in the database by iPersonnel.

4.3
An offer from iPersonnel for a price lower than the price mentioned in the price list is only valid in relation to the specific customer and under the specific conditions such an offer was made by iPersonnel. It is not valid for a customer who wants a third party, for example, an agency to act on his behalf.

4.4
The transfer of an advertisement agreement (“reselling”) to a third party requires iPersonnel’s prior consent.

4.5
Four bottom advertisement banners are displayed at the bottom of the site (place of advertisement: left, centered and right). The customer cannot claim a specific place of publication for the advertisement banner, unless the customer has selected the “Featured Recruiter” position which is always left aligned and larger than the normal banners. Places of advertisement are set by rotation. That means the customer shares the place of advertisement with other advertisements. All advertisements are displayed for a predefined, recurring time period until the end of the term.

4.6
iPersonnel continually endeavors to optimize the search results at www.iPersonnel.co.za, *.ci.hr or any related career site (including our CI ATS customers), having the goal to achieve optimal results for customers. As far as the categorization of advertisements is done by the customer, the customer is obliged to do these in a correct and reasonable way. iPersonnel reserves the right to amend the categorization in its discretion. The customer cannot claim publication of his advertisements in specific categories selected by him.

4.7
“Apply now” linking’s are displayed on the site when calling up job ads on iPersonnel’s job board. By clicking on the “Apply now” button, a stored job application form pops up where candidates can fill in their contact details, attach their CV and other application documents. iPersonnel’s mobile optimized job application form will automatically display when calling up job ads via mobile devices.

4.8
iPersonnel uses a specific layout for the cross-device optimized display of job ads. Therefore iPersonnel converts job ads from any layout automatically in an optimized structure of content for cross-device readability without charging additional fees.

Certain advertisements

These additional terms and conditions for certain advertisements apply to the advertisement products defined in section 1 below (collectively referred to as “Certain advertisements”) and apply in addition to our general terms and conditions and the additional terms and conditions advertisements and prevail in case of doubt. The applicability of the general terms and conditions and the additional terms and conditions advertisements to other products remains unaffected. iPersonnel shall on behalf of the customer, publish a presentation of the customer provided by customer in form of a “Company of the week”-banner and Premium Job (hereinafter referred to as “Company Ad”) on the Internet.

1 Description of service

The following descriptions of services are an exhaustive description of the services owed by iPersonnel. No further functionalities or services are owed.

1.1 Image Ads

On behalf of the customer iPersonnel publishes a Featured Recruiter banner and a Premium Job (hereinafter “Company Ad”) provided by customer on the Internet. The Premium Job will be placed at a prominent position of one of the iPersonnel target group Channels. The Featured Recruiter Banner is published in one of the iPersonnel target group Channels. The Featured Recruiter Banner is not subject to rotation. At the iPersonnel target group Channels only one Featured Recruiter Banner will be published per Channel and an unlimited number of Premium Jobs will be published at 10 locations that are subject to rotation.

1.2 Job Agent Ad

On behalf of customer iPersonnel publishes an advertisement provided by customer in iPersonnel’s regularly released Job Agent (hereinafter referred to as “Job Agent Ad”). The Job Agent Ad consists of a text ad and an animated graphic banner. The text ad must not exceed 300 characters (including headers and spaces), the animated ad must not exceed 180×50 px/10 kb.

The Job Agent Ad will be published by iPersonnel under strict compliance with the legal requirement to clearly separate adverts from editorial content. The Job Agent Ad may contain a link to certain advertisement published by iPersonnel, an overview of advertisements published by iPersonnel, iPersonnel Company presentation or recruiting events at customer’s homepage.

Depending on the specific order and unless otherwise agreed, Job Agent Ads are published as follows:

  • Once in an issue of the Job Agent for a specific target group, or
  • Once in an issue of the Job Agent to all candidates that have registered for the Job Agent, or
  • Seven days in a row, each daily in every issue to all candidates that have registered for the Job Agent. This ensures that every candidate that has registered for the Job Agent receives at least one issue containing the ordered Job Agent Ad.
  • Seven days in a row, each in every daily issue targeted at a specific target group.

Only one Job Agent Ad will be published per Job Ad.

The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to iPersonnel at the latest. If the material is not provided to iPersonnel in time, completely and correctly, customer shall have no right to claim publication. iPersonnel’s right to payment remains unaffected. The customer is aware that the Job Agent is sent to subscribers only. Subscribers can register for the Job Agent for free, but they will only receive a Job Agent when at least one open position fits the subscribers’ profile. Subscribers can unsubscribe from the Job Agent and exclude specific senders, so that iPersonnel cannot guarantee a certain number of recipients.

1.3 Invite to Apply

On behalf of customer iPersonnel sends an email in customer’s individual layout to selected candidates from the iPersonnel CV-Database, which have explicitly consented to this kind of information (“Invite”). The Invite mail may contain a specific job offer, an announcement of career events or a presentation of the customer including a link to open positions.

The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to iPersonnel at the latest. If the material is not provided to iPersonnel in time, completely and correctly, customer shall have no right to claim publication. iPersonnel’s right to payment remains unaffected.

The customer is aware that the Direct Mail is sent to subscribers only. Subscribers can register for the Direct Mail, can unsubscribe and exclude specific senders, so that iPersonnel cannot guarantee a certain number of recipients.

1.4 Skyscraper Ad

The Skyscraper is published at the search results list or if specifically agreed at one of the iPersonnel’s target group Channels. The Skyscraper is created by iPersonnel in a standard layout in html. Creation as flash is not provided. Unless otherwise agreed, the Skyscraper will be published for a term of seven days. Only one Skyscraper is published per week. The Skyscraper is not subject to rotation.

1.5 Individual Plus / Company Presentation Plus

The Listing with Layout Individual Plus and Company Presentation Plus include up to five tabs within the advertisement which open within the job advertisement upon click onto the individual tab and where further information about the open position or the company of the customer can be published. The first tab, which is displayed upon accessing the Listing Plus must be filled with the description of the open position. Additionally, iPersonnel offers a defined number of further categories of tabs to the customer, from which the customer can choose the additional four tabs to be used within the Individual Plus.

1.6 Job-Widget

The scope of services of Job-Widget is displaying customer’s job ads published on iPersonnel.co.za also on customer’s homepage by providing customer with a URL by iPersonnel. A successful integration requires the incorporation of the frame on customer’s homepage by customer. Customer’s job ads published on iPersonnel.co.za are automatically displayed on customer’s homepage.

1.7 Highlight Job

The scope of services of Highlight Job is the color-coding of customer`s job ads in the list of results in order to accentuate those ads. The job ads are highlighted for the first seven days after being published on iPersonnel.co.za. The color-coding has no influence on the order of displayed job ad listings in the list of results.

1.8 E-Mail Push

On behalf of the Customer iPersonnel will send an email in a layout defined by iPersonnel to selected candidates from the iPersonnel CV database or to subscribers of the iPersonnel Job Agent, which explicitly consented to this kind of information (“E-Mail Push”).

The content of the E-Mail Push will be addressing an active Job ad which is placed on iPersonnel’s website for at least five further days to candidates that might fit to the job ad in iPersonnel’s view. The Direct Push will be sent to a maximum number of 500 candidates. iPersonnel does not guarantee any minimum number of recipients since the amount of potential addressees depends on the individual settings and information provided by the candidates.

1.9 Facebook-Integration

iPersonnel endeavors to react as soon as possible to changes made by Facebook but cannot guarantee or warrant the functionality in case of changes by Facebook.

2 Offers subject to change

2.1
Except for the Individual Plus, due to the limited availability of the certain advertisements the customer cannot claim publication in a specific period. However, iPersonnel endeavors to respect the customer’s preferences as far as possible. In case of Job Agent Ads this is only possible if iPersonnel is informed of the desired date of publication – or in case of a change request the alternative date – five working days in advance. The customer shall normally be informed about the time of publication within three days, at the latest within one week after placing of the order.

2.2
At any time iPersonnel may change the position of the Image Ad within the website, of the Newsletter Ad within the Newsletter, of the Job Agent Ad within the Job Agent and of the Skyscraper within the website as well as the appearance of the respective frame. Due to legal reasons iPersonnel may also make amendments, including amendments to the content of certain advertisements, except for the Listing Plus, which is however subject to section 6.6. and 6.7 of the General Terms and Conditions of iPersonnel.

CV Database

  1. Description of services

1.1
These additional terms and conditions “CV Database” apply in addition to our general terms and conditions and prevail in case of doubt. iPersonnel operates databases on the Internet which contain CVs of jobseekers (“candidate”). Candidates can enter their profiles or CVs into the databases. By activating the CV the candidate publishes the CV either in anomyised form, i.e. without making personal data publicly accessible (“unrevealed name”), or in such a way that his personal data is directly accessible in the database (“public profile”). The customer, that orders an access to the CV database, may directly view public profiles and contact the candidates behind the profile and in case of anonymous profiles may, via the iPersonnel electronical system, send a contact request to the candidate behind the profile.

1.2
iPersonnel only grants access to the CV Database to customers for their own personal needs. No customer may forward access to the CV Database or anonymous profiles to third parties. It is not allowed to access the CV database for enticement of customers. No customer may place deep links from his own web site to the CV Database (“Deep Links”). iPersonnel reserves the right to take immediate legal action against any infringement of this clause without giving any warning notice.

1.3
The customer may make use of certain functionalities in the “CV Database”. The service does not include any data backup for the customer. Data may be removed or deleted from the back-office at any time without giving warning. Data will automatically be removed from the CV-Centre for data protection reasons as soon as a candidate deletes his CV from the CV Database. The CV Database must not be used for any purposes violating antidiscrimination law.

1.4
iPersonnel recognizes that its CUSTOMERs may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the CUSTOMER’s rights. Likewise, the CUSTOMER recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the CUSTOMER shall perform its obligations under these terms and conditions.

1.5
As individually agreed in the contract the customer has access to read a specific number of profiles in the CV database.

1.6
Candidates with anonymous profiles may block certain companies from accessing their profile. In such cases the respective customer cannot send a contact request to the candidate.

  1. Obligations of the customer

2.1
The customer warrants that he will comply with all legal provisions, third party rights and good morals. Clause 6(6) of the general terms and conditions shall prevail.

2.2
In particular, the customer warrants to not forwarding or otherwise communicating the personal data of candidates, to respect their confidentiality and to comply with all applicable data protection and privacy rules. iPersonnel recognizes that its CUSTOMERs may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the CUSTOMER’s rights. Likewise, the CUSTOMER recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the CUSTOMER shall perform its obligations under these terms and conditions.

2.3
The customer undertakes to indemnify iPersonnel against all losses, costs, claims, damages or other expenses that are caused by the customer, unless iPersonnel is responsible.

2.4
Candidates are responsible for completing their candidate Profiles. Therefore, iPersonnel does not warrant their completeness, correctness, accuracy or accessibility. iPersonnel does not warrant any degree of response.

2.5
The data of jobseekers registering on the iPersonnel sites (“candidates”) is strictly confidential and may only be stored, or used according to applicable data protection laws. The customer is only entitled to contact candidates for filling concrete vacancies. iPersonnel is entitled to block the account of the customer and withhold access to candidate data in cases of infringements by the customer.

2.6
The customer is advised that special terms apply to data transfers outside the Borders of the Republic of South Africa. Generally, such data transfers require the consent of the candidate – even if the transfer occurs within a corporate group.

  1. Pricing models

3.1
The price and the details of invoicing are defined in the iPersonnel rate card or the customer’s contract.

  1. Nature, Scope and Purposes of the Collection and Use of Personal Data when using the CV Database

4.1
As part of your use of the “CV Database” and upon every access to the CV Database we will collect and store the Corporate User ID (i.e. based on the user name we will store the identity of the specific user) and the Company ID (i.e. based on the specific user being part of a specific customer, the name of this customer). We also collect and store the scope of the individual use, i.e. which CVs have been accessed when.

4.2
The data collected and stored as per 4.1 will be used in order to avoid abusive use of the CV Database and thus to ensure a correct billing of the services. It will also be used in order to ensure and monitor that the CV Database operates properly at all times and in particular to be able to solve eventually occurring issues for specific customers so that the usage of the CV Database is enabled in its entire scope. Upon entering into the contract and when using the CV Database the customer and the specific user agree to the collection and use of the data in this scope.

4.3
Additionally, we will use the data collected as per 4.1 in strictly anonymized form in order to create statistics about the general behavior of the customers in the CV Database. This allows iPersonnel to design the CV Database in a more customer friendly way.

Job Feed

  1. Description of services

1.1
These additional terms and conditions Job Feed apply in addition to the general terms and conditions and prevail in case of doubt.

1.2
The scope of the services of JobFeed is the creation of an interface by iPersonnel and with the customer’s support, via which iPersonnel regularly fetches the job ads to be published as provided by the customer and subsequently the creation of job ads in the iPersonnel format and individual layout in accordance with the Additional Conditions Advertisements, their publication at iPersonnel and the automatic comparison and actualization of the advertisements published at iPersonnel with the advertisement content provided by the customer. The fetching and the comparison via the interface is fully automated. No manual corrections are owed. JobFeed is a complex software solution. A successful implementation requires a close cooperation between the parties. The customer undertakes to provide such support and arrange those preconditions needed for a successful use as per the respective specifications individually defined. This description of services shall be deemed as an agreement of functionality and is comprehensive.

  1. Term

2.1
The term shall be agreed individually. Contrary to the general terms and conditions, iPersonnel shall delete published job listings after these are deleted from the customer’s database, and iPersonnel shall publish job listings after they were entered into the customer’s database.

2.2
The Job Feed data mirroring will take place once daily or as agreed upon.

  1. Booking and Acceptance

3.1
Any Job Feed listing published on the iPersonnel site in the described form and any additional job listing published after or during the initial publishing period of four weeks shall be considered as booked by the customer. A job listing shall be considered as accepted if it has been published for 24hrs on the iPersonnel site without the customer rejecting its publication.

3.2
iPersonnel shall count the job listings that were booked and accepted during the contract period and shall provide the customer with a performance confirmation if requested.

iPersonnel Employer Dashboard

  1. Description of services

1.1
These additional terms iPersonnel Employer Dashboard apply in addition to our general terms and conditions and prevail in case of doubt.

iPersonnel grants the non-exclusive, non-transferable right to use the iPersonnel Employer Dashboardduring the contractual period to the customer. iPersonnel shall provide the customer with the job listing tool iPersonnel Employer Dashboard for 20 hours a day at https://ipersonnel.co.za/user-dashboard/. The Employer Dashboard enables the customer to edit and publish advertisements on his own. This description of services is considered to be an agreement of functionality and is comprehensive. No other functionalities are granted.

1.2
iPersonnel provides the customer with a user ID and a password for accessing the server. The customer may change his password at any time. Within the scope of his general responsibilities, the customer must ensure that his user ID and password can only be used by persons who are authorised to access the iPersonnel Recruiter Space. The customer is also obliged to consider any additional security criteria he has been informed about.

If an Agency acts on behalf of a customer, the same provisions apply. iPersonnel will grant Agency access rights to the listings of their customers so that they have the possibility of administering listings and of placing new listings on behalf of their customers. For this purpose the Agencies will be provided with access to statistics, current contractual data and old listings placed on behalf of the customer. To do so, the agency must obtain the prior approval of its customer and produce this to iPersonnel, if required by the latter. The agency shall be liable if a customer makes a claim against iPersonnel because of a potentially unauthorized dissemination of access rights and information.

  1. Data Protection

2.1
If personal data is processed, the customer is obliged to comply with all applicable data protection regulations by concluding suitable agreements with his employees and/or by taking adequate organisational measures. This applies in particular to the collection, processing, editing, transfer and deletion of data. iPersonnel is entitled to store the personal data of the customer and may process this data within the scope of this contract.

Online Ordering

  1. Description of services

1.1
Certain types of job advertisement can be ordered online from iPersonnel. These additional terms and conditions Online Ordering apply in addition to our general terms and conditions.

1.2
This description of services is exhaustive.

  1. Written Form

2.1
Contrary to iPersonnel’s general terms and conditions the mandatory written form shall not apply. Contractual declarations can validly be made by both parties without any formal requirements.

2.2
The contract is concluded, when iPersonnel accepts the customer’s order and receipts payment for said order. iPersonnel shall accept the order within 48hrs by email conformation. The confirmation of the reception of the order is generated automatically and shall not be considered an acceptance of the order.

2.3
The products and rates published at iPersonnel’s websites are subject to change. iPersonnel endeavors to publish correct products and rates at all times. iPersonnel shall be obliged to provide the products at the defined prices only after the customer has received iPersonnel’s acceptance of the order.

  1. Terms of Payment

3.1
No agency commission is granted for Online Ordering.

3.2
iPersonnel reserves the right to provide service upon prepayment, only. Otherwise the customer may principally choose to pay via an alternative payment method after placing the order and receiving the invoice. Services will only be released after payment is receipted for the services.

3.3
iPersonnel grants refunds in accordance with statutory provisions.

  1. Customer Information Obligations

Pursuant to local law iPersonnel informs the customer as follows:

4.1
In order to make an offer for a job advertisement contract the customer is taken through following technical steps:

  • Customer chooses their respective package (1 or 3 Postings)
  • Customer creates an account and selects “NEXT”
  • If one advert is selected, the customer can load and preview their advert or choose to place it later. If more than one advert is purchased customer cannot place or preview the advert until logging on after payment is received by iPersonnel.
  • Customer can select any additional products (30 day extension and or Company Hub) by adding to Basket.
  • Customer confirms items purchased and selects CHECKOUT
  • Customer completes account set up and enters promo code (if applicable) and will be required to agree to Terms and conditions. At this time, the customer will need to indicate if an invoice is required before payment can be made.
  • Customer Submits order
  • Customer is taken to PayU site and receives attached email
  • If customer pays via Credit card PayU confirm immediately
  • If customer pays via EFT and use the correct reference number provided on step 8 payment is released by PayU
  • The contract is concluded when the customer receives iPersonnel’s order confirmation and payment is received and receipted by iPersonnel. Thereafter the advertisement will be published online.

4.2
These terms and conditions (general terms and conditions, additional terms and conditions advertisements and additional terms and conditions Online Ordering) together contain the entire terms of the contract for the online ordering of an job advertisement. The price for an Online Ordering is defined in the price list which was live and published at https://www.ipersonnel.co.za/ when the customer received iPersonnel’s offer to enter into a contract. The legal relationship resulting from the (free of charge) visit to the iPersonnel web site is explained and defined in detail in our terms of Use. After entering into the contract we store the entries of the customer made during the online order. This information is not accessible for the customer after entering into the contract. Additionally we would like to inform you that iPersonnel only publishes the current Terms and Conditions and price lists. Thus the customer will not have access to the Terms and Conditions and price lists that were in force at the time of entering into the contract in case of later updates to the Terms and Conditions and the price list.

4.3
iPersonnel provides technological means that help to identify and correct any errors entered before the order is placed. The most important element in the context of online ordering of job advertisements is the advertisement preview on each of the three pages of the application form.

4.4
The contract language is English.

4.5
iPersonnel will store the customer’s order. The customer will not have access to his online order.

4.6
iPersonnel complies with Local data protection standards, its terms of use and the conditions set out in its privacy statement.

Video Ads

  1. Description of service

1.1
On behalf of the customer iPersonnel publishes short videos that have been produced with the customer’s involvement containing information about customer and open positions on the Internet (“Video Ads”). These additional terms and conditions Video Ads apply in addition to our general terms and conditions and prevail in case of doubt

1.2
This description of services is comprehensive.

  1. Rights of use

2.1
iPersonnel offers two types of Video Ads. On the one hand videos that are provided to iPersonnel by the customer (hereinafter referred to as “iPersonnel Videos”) and on the other hand such videos that are produced by Customer or Customer Agent for the customer (hereinafter referred to as “Cooperation-Videos”).

If the customer has produced the Video Ad he shall not be entitled to publish the Video Ad without iPersonnel’s prior approval, unless otherwise is agreed. iPersonnel may also use the Video Ad on websites of its cooperation partners worldwide.

  1. Cooperation-Videos

Cooperation-Videos are produced and supplied by the customer.

iPersonnel publishes the Cooperation-Video or includes it in Video-Ads.

The customer warrants and guarantees that Cooperation-Videos will not contain any illegal content and its publication will not violate any applicable laws and will not infringe any third-party rights. Clause 6.5 of the general terms and conditions applies.

  1. iPersonnel-Videos

iPersonnel and customer agree that iPersonnel shall own (or shall be granted) the worldwide, exclusive copyright (or exploitation right) unrestricted in space and time in and to the iPersonnel-Videos for all existing forms of exploitation. This includes but is not limited to the right of reproduction, right of diffusion, right to broadcast and making available right.

iPersonnel may grant sublicenses.

After iPersonnel’s prior written approval, the customer may publish the iPersonnel-Videos at his website or at websites of its partners. iPersonnel will not unreasonably refuse the approval. iPersonnel may make the approval dependent on payment of an additional fee, unless the iPersonnel-Video was produced by the customer. The customer shall not be allowed to publish the iPersonnel-Video at other jobboards.

The customer warrants and guarantees that iPersonnel-Videos will not contain any illegal content and its publication will not violate any applicable laws and will not infringe any third-party rights. Clause 6.5 of the general terms and conditions applies.

  1. Video Interview Service
  2. The video job interview service (“VIDEO INTERVIEW SERVICE”) allows customers to a) create customized automated job interviews and/or b) conduct live job interviews (the “VIDEO INTERVIEW”). An automated job interview is a structured way of interviewing where the customers’ candidate (“CANDIDATE”) answers a pre-recorded set of questions with a video recording at their convenience. The live job interview is a real-time interactive online conversation between a CANDIDATE and one, or multiple, interviewer(s).
  3. The web-based software system on which the VIDEO INTERVIEWS are generated (the “SYSTEM”), stored in a database specific to the customer and are made available to the customer. This SYSTEM can be accessed by the customer through an internet connection, using a username and password.
  4. The SYSTEM may also be used for live video interviews using a webcam (see section 8.1.14 lit. b above).
  5. The customer is not permitted to give third parties access to the SYSTEM e.g. by letting them perform VIDEO INTERVIEWs with its CANDIDATEs, unless expressly agreed otherwise in the agreement.
  6. To make use of the VIDEO INTERVIEW SERVICE, the purchase of credits is necessary. One credit represents one VIDEO INTERVIEW. Every time a VIDEO INTERVIEW has been conducted, the relevant amount of credits are depleted from customers’ account within the SYSTEM. A VIDEO INTERVIEW has been conducted if a) the CANDIDATE provided its recorded video or b) the customer has carried out the live job interview with the CANDIDATE. All credits which have been purchased are valid for twelve (12) months from date of purchase. The payment is made in advance after the issue of the invoice.
  7. iPersonnel has the right to delete the recorded VIDEO INTERVIEWs from the SYSTEM after one-hundred-and-eighty (180) days, unless agreed otherwise with the customer.
  8. Data Processing Addendum (DPA)

6.1 Subject matter and duration of the DPA

  1. By entering into a service agreement iPersonnel and customer enter into a data processing agreement according to Art. 28 GDPR. iPersonnel acts as processor for customer according to point 8.1.14 (VIDEO INTERVIEW SERVICE) of the terms of use.
  2. Duration of this DPA corresponds to the duration of the Service Agreement.

6.2 Specification of the DPA Details

  1. Nature and Purpose of the intended Processing of Data

The purpose of the processing within the Video Job Interview Service is to transmit the Video Interview created by the applicant to the customer. The undertaking of the contractually agreed Processing of Data shall be carried out exclusively within a Member State of the European Union (EU) or within a Member State of the European Economic Area (EEA). Each and every Transfer of Data to a State which is not a Member State of either the EU or the EEA requires the prior agreement of the Customer and shall only occur if the specific Conditions of Article 44 et seq. GDPR have been fulfilled.

  1. The Subject Matter of the processing of personal data comprises the following data types/categories
    • Creating and hosting videos by video recording of candidate’s answers to a pre-recorded set of questions from the customer.
    • Personal data of the candidates (candidate name and email address and video) are recorded and stored, upon candidate’s consent to transmit the video to the customer. Depending on the interview set up by the controller (pursuant section 8.1.14 lit. a in the terms of use).
  2. The category of Data Subjects whose Personal Data is processed in the context of performing the Agreement are applicants, who apply to the Controller as well as employees of the Controller who act as an interviewer. In addition, the communication data of Controller’s contacts will be processed.

6.3 Technical and Organisational Measures

  1. iPersonnel shall establish the security in accordance with Article 28 Paragraph 3 Point c, and Article 32 GDPR in particular in conjunction with Article 5 Paragraph 1, and Paragraph 2 GDPR. The measures to be taken are measures of data security and measures that guarantee a protection level appropriate to the risk concerning confidentiality, integrity, availability and resilience of the systems. The state of the art, implementation costs, the nature, scope and purposes of processing as well as the probability of occurrence and the severity of the risk to the rights and freedoms of natural persons within the meaning of Article 32 Paragraph 1 GDPR must be taken into account. [Appendix technical and organizational measures]
  2. The Technical and Organisational Measures are subject to technical progress and further development. In this respect, it is permissible for iPersonnel to implement alternative adequate measures. In so doing, the security level of the defined measures must not be reduced. Substantial changes must be documented.

6.4 Rectification, restriction and erasure of data

  1. iPersonnel may not on its own authority rectify, erase or restrict the processing of data that is being processed on behalf of the Customer, but only on documented instructions from the Customer. Insofar as a Data Subject contacts iPersonnel directly concerning a rectification, erasure, or restriction of processing, iPersonnel will immediately forward the Data Subject’s request to the Customer.
  2. Insofar as it is included in the scope of services, the erasure policy, ‘right to be forgotten’, rectification, data portability and access shall be ensured by iPersonnel in accordance with documented instructions from the Customer without undue delay.

6.5 Quality assurance and other duties of iPersonnel

In addition to complying with the rules set out in this DPA, iPersonnel shall comply with the statutory requirements referred to in Articles 28 to 33 GDPR; accordingly, iPersonnel ensures, in particular, compliance with the following requirements:

iPersonnel has appointed a data protection officer who can be contacted under support@ipersonnel.co.za. Contact details are always available and easily accessible on the website of iPersonnel.

iPersonnel will ensure confidentiality in accordance with Article 28 Paragraph 3 Sentence 2 Point b, Articles 29 and 32 Paragraph 4 GDPR. iPersonnel entrusts only such employees with the data processing outlined in this contract who have been bound to confidentiality and have previously been familiarised with the data protection provisions relevant to their work. iPersonnel and any person acting under its authority who has access to personal data, shall not process that data unless on instructions from the Customer, which includes the powers granted in this contract, unless required to do so by law.

  1. Implementation of and compliance with all Technical and Organisational Measures necessary for this Order or Contract in accordance with Article 28 Paragraph 3 Sentence 2 Point c, Article 32 GDPR [details in section technical and organizational measures].
  2. The Customer and iPersonnel shall cooperate, on request, with the supervisory authority in performance of its tasks.
  3. The Customer shall be informed immediately of any inspections and measures conducted by the supervisory authority, insofar as they relate to this Order or Contract. This also applies insofar as iPersonnel is under investigation or is party to an investigation by a competent authority in connection with infringements to any Civil or Criminal Law, or Administrative Rule or Regulation regarding the processing of personal data in connection with the processing of this Order or Contract.
  4. Insofar as the Customer is subject to an inspection by the supervisory authority, an administrative or summary offence or criminal procedure, a liability claim by a Data Subject or by a third party or any other claim in connection with the Order or Contract data processing by iPersonnel, iPersonnel shall make reasonable effort to support the Customer.
  5. iPersonnel shall periodically monitor the internal processes and the Technical and Organizational Measures to ensure that processing within his area of responsibility is in accordance with the requirements of applicable data protection law and the protection of the rights of the data subject.
  6. Verifiability of the Technical and Organisational Measures conducted by the Customer as part of the Customer’s supervisory powers referred to in item 7 of this contract.

6.6 Subcontracting

  1. Subcontracting for the purpose of this Agreement is to be understood as meaning services which relate directly to the provision of the principal service. This does not include ancillary services, such as telecommunication services, postal / transport services, maintenance and user support services or the disposal of data carriers, as well as other measures to ensure the confidentiality, availability, integrity and resilience of the hardware and software of data processing equipment. iPersonnel shall, however, be obliged to make appropriate and legally binding contractual arrangements and take appropriate inspection measures to ensure the data protection and the data security of the Customer’s data, even in the case of outsourced ancillary services.
  2. iPersonnel may commission subcontractors (additional contract processors) only after prior explicit written or documented consent from the Customer.
    1. The Customer agrees to the commissioning of the following subcontractors on the condition of a contractual agreement in accordance with Article 28 paragraphs 2-4 GDPR: Afrhost Afrihost HQ; 376 Rivonia Boulevard; Sandton; Gauteng and Eyecix Technologies (SMC-Private) Limited, New Garden Town Lahore Pakistan Hosting and performance of the service.
    2. Outsourcing to subcontractors or changing the existing subcontractor are permissible when:
      • iPersonnel submits such an outsourcing to a subcontractor to the Customer in writing or in text form with appropriate advance notice; and
      • The Customer has not objected to the planned outsourcing in writing or in text form by the date of handing over the data to iPersonnel; and
      • The subcontracting is based on a contractual agreement in accordance with Article 28 paragraphs 2-4 GDPR.
    3. The transfer of personal data from the Customer to the subcontractor and the subcontractors commencement of the data processing shall only be undertaken after compliance with all requirements has been achieved.
    4. If the subcontractor provides the agreed service outside the EU/EEA, iPersonnel shall ensure compliance with EU Data Protection Regulations by appropriate measures. The same applies if service providers are to be used within the meaning of Paragraph 1 Sentence 2.
    5. Further outsourcing by the subcontractor requires the express consent of the main Customer (at the minimum in text form); All contractual provisions in the contract chain shall be communicated to and agreed with each and every additional subcontractor.
      Customer explicitly agree to following further outsourcing by subcontractor:
    6. https://afrihost.com/, as further subcontractor for the purpose of platform hosting; Afrihost HQ; 376 Rivonia Boulevard; Sandton; Gauteng

6.7 Supervisory powers of the Customer

  1. The iPersonnel shall ensure that the Customer is able to verify compliance with the obligations of iPersonnel in accordance with Article 28 GDPR. iPersonnel undertakes to give the Customer the necessary information on request and, in particular, to demonstrate the execution of the Technical and Organizational Measures.
  2. Evidence of such measures, which concern not only the specific Order or Contract, may be provided by current auditor’s certificates, reports or excerpts from reports provided by independent bodies (e.g. auditor, Data Protection Officer, IT security department, data privacy auditor, quality auditor or a suitable certification by IT security or data protection auditing (e.g. according to BSI-Grundschutz (IT Baseline Protection certification developed by the German Federal Office for Security in Information Technology (BSI)) or ISO/IEC 27001).
  3. iPersonnel may claim remuneration for enabling Customer inspections.

6.8 Communication in the case of infringements by iPersonnel

  1. iPersonnel shall assist the Customer in complying with the obligations concerning the security of personal data, reporting requirements for data breaches, data protection impact assessments and prior consultations, referred to in Articles 32 to 36 of the GDPR. These include:
    1. Ensuring an appropriate level of protection through Technical and Organizational Measures that take into account the circumstances and purposes of the processing as well as the projected probability and severity of a possible infringement of the law as a result of security vulnerabilities and that enable an immediate detection of relevant infringement events.
    2. The obligation to report a personal data breach immediately to the Customer
    3. The duty to assist the Customer with regard to the Customer’s obligation to provide information to the Data Subject concerned and to immediately provide the Customer with all relevant information in this regard.
    4. Supporting the Customer with its data protection impact assessment
    5. Supporting the Customer with regard to prior consultation of the supervisory authority
  2. iPersonnel may claim compensation for support services which are not included in the description of the services and which are not attributable to failures on the part of iPersonnel.

6.9 Authority of the Customer to issue instructions

  1. The Customer shall immediately confirm oral instructions (at the minimum in text form).
  2. iPersonnel shall inform the Customer immediately if he considers that an instruction violates Data Protection Regulations. The iPersonnel shall then be entitled to suspend the execution of the relevant instructions until the Customer confirms or changes them.

6.10 Deletion and return of personal data

  1. Copies or duplicates of the data shall never be created without the knowledge of the Customer, with the exception of back-up copies as far as they are necessary to ensure orderly data processing, as well as data required to meet regulatory requirements to retain data.
  2. After conclusion of the contracted work, or earlier upon request by the Customer, at the latest upon termination of the Service Agreement, the iPersonnel shall hand over to the Customer or – subject to prior consent – destroy all documents, processing and utilization results, and data sets related to the contract that have come into its possession, in a data-protection compliant manner. The same applies to any and all connected test, waste, redundant and discarded material. The log of the destruction or deletion shall be provided on request.
  3. Documentation which is used to demonstrate orderly data processing in accordance with the Order or Contract shall be stored beyond the contract duration by iPersonnel in accordance with the respective retention periods. It may hand such documentation over to the Customer at the end of the contract duration to relieve iPersonnel of this contractual obligation.

Appendix – Technical and Organisational Measures

Confidentiality

All data is hosted within AWS data center which is ISO 27001 certified and state of the art, utilizing innovative architectural and engineering approaches. Data centers are housed in nondescript facilities. Physical access is strictly controlled by professional security staff utilizing and video surveillance, intrusion detection systems, and other electronic means. Only authorized staff can enter buildings using MFA (multi-factor authentication) to enter data center floors. Authorized visitors are required to present identification and are signed in and continually escorted by authorized staff.
Secure VPN, MFA and role-based access is enforced for systems management by our DevOps team. User data is logically segregated by account-based access rules. User accounts have unique usernames and passwords that must be entered each time a user logs on.
We set a session cookie only to record encrypted authentication information for the duration of a specific session. Passwords are individually salted and hashed. Brute Force protection: 3 incorrect attempts = 60 minutes lockout.
API interfaces are only privately accessible and protected by security credentials.
Additionally, MFA can also be used for recruiter users to add an extra layer of security. The end user can choose to receive the security code using text messages or use a standard One-Time-Password (OTP) app such as Google Authenticator.

Access control to sensitive data in our databases, systems, and environments are set on a need-to-know / least privilege necessary basis. We use AWS Identity and Access Management (IAM) to manage access to all services and resources securely. AWS users and groups have been configured with dedicated permissions to allow or deny access to the resources. Central logging systems capture and archive all internal systems access, including any failed authentication attempts. Transmitted data is tracked and logged.

Candidate data is only stored for as long as is necessary for the purpose of video interviews. Automatic processes ensure that candidate subject data is deleted entirely from the system when a retention period is reached. This is an irreversible process. Database records are anonymised to allow for continuous statistics monitoring. No customer or candidate data is stored on portable media devices.
Data of Customer is logically separated; we use an internal multi-tenant architecture. File names used are fully obscured and anonymised and cannot be directly related to data subjects.
All data storage is encrypted. The platform provides a separate development sandbox environment. All test data is fully separated from live data. Production data is not used during develop and test processes. Production data can not be copied to other environments.

Integrity

Logging, Intrusion detection and IP Restrictions and VPN access

All user interactions, including logins, are stored in system-based logs. Logs are stored on AWS storage using industry standard algorithms: SHA-256 for hashing and SHA-256 with RSA for digital signing. Several techniques are in place to prevent unauthorised access. All resources require proper user authorisation to access data. All systems are protected by Afrihost firewalls and other best practices related to infrastructure security. Web Access Firewall (WAF) mitigates the risk of SQL injection threats. Administrative operational tasks can only performed from known IP addresses. VPN tunnels and MFA are used to gain access to the infrastructure configuration by a DevOps team. Data is encrypted at rest and in transit using server-Side Encryptions (SSE) using AES-256 encryption at rest and TLS 1.2 in transit.

Availability

Hosting within ISO 27001 certified data centers including support for repairing, replacing and refreshing the infrastructure. Contractual agreements with ISPs to provide Internet connectivity that can sustain bandwidth utilisation under full load Server capacity to run mission-critical services, including storage appliances and other services. Fire detection and suppression equipment installed to reduce the risk of fire.

Scheduled snapshots of data volumes are created to protect the data from loss in case of a disaster. The snapshot off-instance storage persists independently from any instance and is replicated across multiple servers to prevent the loss of data from the failure of a single component. Rapid recovery through virtual machines.

Afrhihost provides fully redundant IP network connections with multiple independent connection to a range of Tier 1 Internet access providers. Afrihost is used as scalable DNS web service. We make use of Elastic IP, which are static IP’s that can be remapped do other instances.
Routine, emergency, and configuration changes to existing infrastructure are authorized, logged, tested, approved, and documented in accordance with industry norms for similar systems.
When conducting updates on the infrastructure, we try and ensure limited impact on the customer and their use of the services.

We have a continuous development cycle where we develop, test and deploy changes on a regular basis without any fixed intervals. Development, testing and production environments are clearly separated. Usually a deployment to our production environment does not result in any system downtime.

Procedures for regular testing assessment and evaluation

All employees authorised to access personal data have received relevant technical and security trainings.
We maintain internal information security policies including incident response plans and regularly review and update them. Our engineers use best practices and industry standard secure coding guidelines. Environments are scanned on a regular basis using breed security tools, vulnerability assessments and penetration test. Continuous monitoring of service system and capacity utilisation is deployed. Backup concepts, Recovery of IT systems. We periodically test our data recovery process.