Candidate POPI Agreement

Candidate POPI Agreement

NOTE: By submitting your application to this agency, and / or electing to utilise our services you agree to automatically be bound by our Candidate POPI Agreement which appears below.

This Candidate POPI Agreement is hereby entered into between the Candidate, and Little Sunshines Agency (hereinafter referred to as “the Company”) on the date the Candidate submits their application online via the Company website as requested by the Company.

 Background

1. This Agreement is in addition to the general Candidate Agency Terms which the Candidate automatically enters into and is automatically bound to upon continuing with the interview process, regardless of actual signature of the Candidate Agency Terms Agreement.
   1. The Candidate Agency Terms can be found on the Company website under the candidate section of the website.
2. This Agreement is in addition to the general Privacy Policy.
   1. The Privacy Policy can be found on the Company website in the footer section of the website.

General

1. Once the Candidate submits the online application form, and / or elects to utilise our services the Candidate will automatically be bound by this Candidate POPI Agreement.
2. The Parties to this agreement agree to keep, perform, and fulfil the promises, conditions, and agreements as set out in the Candidate Agency Terms, the Company Privacy Policy as well as in this POPI Agreement below:

 POPI Agreement

1. The POPI Agreement is as follows:
   1. “Personal Information” (hereinafter referred to as “PI”) shall mean the race, gender, sex, pregnancy, marital status, national or ethnic origin, colour, sexual orientation, age, physical or mental health, disability, religion, conscience, belief, culture, language and birth of a person; information relating to the education or the medical, financial, criminal or employment history of the person; any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person; the biometric information of the person; the personal opinions, views or preferences of the person; correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; the views or opinions of another individual about the person whether the information is recorded electronically or otherwise.
   2. “POPIA” shall mean the Protection of Personal Information Act 4 of 2013 as amended from time to time.
   3. The Company undertakes to process the PI of the Candidate only in accordance with the conditions of lawful processing as set out in terms of POPIA and in terms of the Company’s relevant policy available to the Candidate on request and only to the extent that it is necessary to discharge its obligations and to perform its functions within the framework of the Candidate Agency Agreement and this POPI Agreement and as required by South African law.
   4. The Candidate acknowledges that the collection of his/her PI is both necessary and requisite as a legal obligation, which falls within the scope of execution of the Candidate Agency Agreement and this POPI Agreement.
   5. The Candidate therefore irrevocably and unconditionally agrees:
      1. That he/she is notified of the purpose and reason for the collection and processing of his or her PI insofar as it relates to the Candidate Agency Agreement and to this POPI Agreement.
      2. That he/she consents and authorises the Company to undertake the collection, processing, and further processing of the Candidate’s PI by the Company for the purposes of the Candidate Agency Agreement and this POPI agreement.
      3. To the disclosure of the Candidate’s PI by the Company to any third party, where the Company has a legal or contractual duty to disclose such PI.
      4. The Candidate authorises the Company to transfer the Candidate’s PI outside of the Republic of South Africa for any legitimate business purpose of the Company within the international community.
      5. The Company undertakes not to transfer or disclose the Candidate’s PI, unless it is required for its legitimate business requirements and shall comply strictly with legislative stipulations in this regard.
   6. The Candidate acknowledges that during the course of the Candidate Agency Agreement and this POPI agreement, he/she/it may gain access to and become acquainted with the personal information of the Company.
   7. The Candidate will treat the personal information of the Company as confidential and agrees to respect the privacy of the Company and agrees to be bound by appropriate and legally binding confidentiality and non-usage obligations in relation to the PI of the Company.
   8. The Candidate may not directly or indirectly, utilise, disclose, or make public in any manner to any person or third party, either within the organisation or externally, any personal information of the Company, unless such information is already publicly known or the disclosure is necessary in order for the Candidate to perform his/her/its duties as set out in the Candidate Agency Agreement and this POPI agreement.

 Miscellaneous Terms

1. Capitalised terms not otherwise defined in this Agreement will have the meanings ascribed to them in the Agreement.
2. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.
3. Words in the singular mean and include the plural and vice versa.
4. Words in the masculine include the feminine and vice versa.
5. No regard for gender is intended by the language in this Agreement.

 Governing Law

1. Subject to the terms of the Agreement, it is the intention of the Parties that this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of South Africa, without regard to the jurisdiction in which any action or special proceeding may be instituted.

 Submission of the POPI Agreement

1. The Candidate is required to enter into this POPI Agreement for the Company to engage in further services with the Candidate.
2. The duty and obligation falls onto the Candidate to continue the interview process.

 Failure to Submit the POPI Agreement

1. Should the Candidate not wish to enter into this POPI Agreement the Candidate need simply not engage further with the Company and/or complete the Candidate Application Form.
2. The Candidate will consequently not be a registered Candidate of the Agency.
3. The Company will subsequently not contact the Candidate.
4. The Candidate may elect to change their mind in the future and to utilise the Company’s services should he/she choose to do so in which case the Candidate will have to reapply with the Agency as per the application and requirements procedures stated by the Company which may be amended by the Company from time to time, without notice thereto.
5. The Company is under no obligation to invite the Candidate to a further interview should the candidate elect not to submit this POPI Agreement at this stage.
6. The Company reserves the right not to take the Candidate on as a registered candidate of the Agency.

Conclusion

1. The Candidate POPI Agreement is in accordance with the POPI Act of South Africa.