PRIVACY POLICY

GENERAL INFORMATION ABOUT THE EMPLOY INSIGHT PRIVACY POLICY

This Privacy Policy applies when you visit or use EmployInsight’s assessment websites, and online system (‘Insights’), communicate with EmployInsight (whether through social media or other means) and make use of our Services. This Privacy Policy may be supplemented by additional privacy statements, terms or notices provided to you.

By accepting EmployInsight’s Terms of Use when browsing our website, using Insights and/or when transacting with us for the rendering of Services or for making enquiries thereto, you also consent to our Privacy Policy and for the use of your Personal Information for the rendering of Services as set out in this Privacy Policy.

By accepting this Privacy Policy, you are deemed to have read, understood, accepted, and agreed to be bound by all its terms.

COLLECTION OF INFORMATION

Upon each request for assessment Services, EmployInsight will indicate in detail what types of Personal Information are required to enable us to perform each specific Service. The Data Subject has the right not to submit the required information, but that may limit or prevent EmployInsight from providing its Services.

EmployInsight uses three methods to collect Personal Information which are:

• directly from the Data Subject.
• from third-party sources (our Third-Party Verification Suppliers); and
• through automated technologies.

PERSONAL INFORMATION COLLECTED DIRECTLY FROM THE DATA SUBJECT

The specific Services requested and how the Data Subject interacts with EmployInsight will determine what types of Personal Information we collect directly from each Data Subject.  The types of Personal Information may include the following information:

• Contact details: which might include the Data Subject’s first name, surname, phone number, email address, postal address, physical address, and social media handling –
• Insights account login credentials: usernames and passwords.
• Specific Personal Information: such as race, ethnic origin, criminal behaviour, and biometric information (fingerprints).
• Service Specific Information: such as ID or passport number, date of birth, gender, qualifications, job title, work history, credit history, referee contact information, company information, and memberships.
• Payment information: PayFast account details and credit or debit card number.
• Comments and Preferences: questions, requests, feedback and other information you provide to us to ensure quality service.

While engaging with Clients on matters, EmployInsight will naturally be exposed to and collect Personal Information which includes the Client’s and its designated employees’ names, contact details, payment information as well as information regarding the background screening assessments that we are assisting the Client with. This information will only be used internally for business operations and to be able to communicate with the Client.

If an Organisation makes use of Insights, we will use the designated administrator’s details to communicate with them about the Organisation’s subscription and other Services.

Personal Information Collected from Third-Party Sources

EmployInsight may obtain information about you from:

• the organization from which you are either employed or are seeking employment.
• our affiliates.
• employment referees.
• verification suppliers.
• social networks; and
• other third parties.

The information collected from third-party sources will depend on the Services requested and consented to by the Data Subjects, this information includes but is not limited to the:

• contact details and job title from your organization.
• requested results and/or findings from our Third-Party Verification Suppliers.
• work history verification and information from referees.
• social networking behaviour.

Personal Information Collected from Automated Technologies

EmployInsight’s website, Insights and other Services may automatically collect information about your interaction with these systems and Services, including:

• Strictly Necessary Cookies: identify registered users and ensure they can access Insights.
• Performance Cookies: website behaviour data and analytics.
• Functional Cookies: website preferences.
• Targeting Cookies: browsing habits and site usage.
• Social Media and Third-Party Cookies.

These cookies do not store any personally identifiable information; however, they are essential for the operation of our website and Insights. You have the right to choose whether to accept cookies on our website, however, please note that if you do not accept our cookies, you may experience some inconvenience in your use of our website.

For a detailed description of which Cookies, we use and how we use them, please refer to our Cookies Policy.

GROUNDS AND PURPOSE FOR PROCESSING PERSONAL INFORMATION

EmployInsight may process Personal Information on the following grounds:

• to provide requested Services to Clients.
• to comply with legal or regulatory obligations.
• to enable our clients to comply with their legal obligations.
• to operate our business, protect the security of our systems, Clients and users, and detect or prevent fraud.
• if a Data Subject has provided their consent.
• if the processing protects a legitimate interest of the Data Subject; and
• if the processing is legal in terms of the law.

Consent to collection and processing of Personal Information and Special Personal Information

EmployInsight will obtain the Data Subject’s consent to collect and process Personal Information:

• in accordance with applicable law (including POPIA and labour laws); and
• when you provide us with any registration information and/or personal data.

Each Service we provide will be accompanied by a consent form for the Data Subject to complete. The Data Subject has the right to withdraw their consent at any time, provided that the lawfulness of the processing of Personal Information before the withdrawal will not be affected.

Where Services being rendered require that Special Personal Information be collected and processed the Data Subject will have to complete EmployInsight’s written consent form. When submitting Special Personal Information to EmployInsight or its service providers, whether through biometric information (fingerprints, photographs etc) and/or criminal behaviour, the Data Subject is further confirming their express consent to the processing of their Special Personal Information.

Purposes for processing Personal Information

Your interaction with EmployInsight and our Services will determine why and how we use your Personal Information which may include the following:

• provide requested Services to Clients.
• activate and manage Clients’ access and use of Insights.
• process and fulfil an order, request, submission, subscription, download or other transaction.
• provide technical and expert support to ensure effective Services.
• enhancing and improving Services to Clients.
• offering customised content, systems and processes relevant to your interests and needs.
• responding to inquiries, requests, concerns and comments.
• improving users’ experience when using EmployInsight’s website, Insights and other Services.
• notify relevant persons about any changes, updates or other notifications relating to our Services.
• communicating with persons for EmployInsight’s internal purposes.
• marketing and promotion of EmployInsight’s Services.
• enabling EmployInsight’s internal operations, and
• complying with legal obligations (including enforcing agreements and resolving disputes).

By failing to provide EmployInsight with the required Personal Information for each activity you might prevent us from being able to provide the requested Services to you.

DISCLOSURE OF PERSONAL INFORMATION

EmployInsight may disclose Personal Information to third parties in certain circumstances, including but not limited to:

• for EmployInsight to enforce its rights/obligations in terms of the contract.
• for EmployInsight to provide Services to its Clients; and
• if EmployInsight is required or authorised to do so by law or court order.

The third parties to whom we disclose Personal Information include, but are not limited to:

• EmployInsight’s Third-party Verification Suppliers.
• general third-party service providers to EmployInsight or its Clients (such as payment processors, mailing houses and shipping agents).
• third parties who provide IT, Email, Hosting and other technology-related services to EmployInsight or its Clients.
• marketing and promotion service providers; and
• government authorities and registries, organs of state, regulators, courts, credit bureaus, educational institutions and law enforcement agencies.

EmployInsight sometimes shares Personal Information with third parties to enable us to provide our Services, assist with business operations or fulfil your request, all while complying with this Privacy Policy and any other appropriate confidentiality and security measures.

We will not disclose any Special Personal Information (such as biometric information and criminal behaviour) with any third party without the Data Subject’s written consent or in the circumstances permitted by law.

CROSS-BORDER MOVEMENT OF PERSONAL INFORMATION

EmployInsight’s online system, databases and Services are operated and managed on servers located within the Republic of South Africa, however, we do make use of international service providers with servers located in foreign countries. For us to provide our Services to you, we may transmit or transfer personal data outside of the country in which it was collected to a foreign country and process it in that country.

Accordingly, if a client and/or Data Subject is not located or residing within the country, Personal Information may be transferred cross-border to foreign countries, which do not necessarily have data protection laws like the Republic of South Africa. In any cross-border transfer of Personal Information, the recipient will be notified of the requirement to keep this Personal Information confidential.

By making use of our Assessment Services, you consent to us processing your personal data and/or Personal Information in a foreign country with the understanding that we will continue to take steps intended to ensure that the information continues to be protected and kept confidential and consistent with the standards of protection required under South African data protection laws.

RETENTION OF PERSONAL INFORMATION

EmployInsight will only retain Personal Information for as long as may be necessary to provide the Service and fulfil the transactions as requested, unless:

• requested to retain records for a certain time by the Client.
• maintaining business and financial records for business operations.
• maintaining security and preventing and detecting fraud, or
• retention of the record is required or authorised by law.

We reserve the right to use unidentifiable, quantitative and qualitative data derived from your use of our Service for research purposes, ensuring that your data be anonymised and your identity kept confidential.

CHILDREN’S PRIVACY

EmployInsight does not allow any person under the age of 18 years to register as a user of Insights nor make use of our other Services, except where the child’s parent or legal guardian provides prior written consent for the child’s Personal Information to be processed and represents the child throughout the entire process.

We do not knowingly collect information from children under the age of thirteen or target Services to children under thirteen.

COOKIES

EmployInsight’s website makes use of cookies. Cookies store information regarding website visitors and have various purposes, such as improving the visitor’s experience on the website and facilitating their use of the website. For more detailed information see EmployInsight’s Cookie Policy.

SECURITY

EmployInsight takes all reasonable steps to protect and avoid unauthorised access to Personal Information in our possession. We have implemented various security standards, procedures and software to safeguard Personal Information and routinely review our operations to ensure the level of security is appropriate to the risk to the Personal Information we process. These steps taken are aimed at ensuring the integrity, confidentiality, and controlled availability of Personal Information.

DATA SUBJECT RIGHTS

The POPI Act provides Data Subjects with rights to access, rectify, update or delete Personal Information that is in the possession of EmployInsight. However, we may, in certain instances, legally refuse or decline such requests in accordance with industry codes and laws.

The Data Subject may withdraw their consent at any time, provided that the lawfulness of the processing of Personal Information before such a withdrawal will not be affected. If applicable, a Data Subject also has the right to object to our processing of their Personal Information or to file a complaint with the Information Regulator at POPIAComplaints@inforegulator.org.za.

If a Data Subject wishes to exercise their rights, they can contact EmployInsight at the contact details provided below.

Data Subjects are encouraged to contact EmployInsight to update their Personal Information as and when necessary.

UPDATING, CORRECTING OR REMOVING YOUR PERSONAL INFORMATION

You have the right to request that the Personal Information you submitted to EmployInsight be corrected or updated by contacting us via email at info@employinsight.co.za.

Updating an Insights user’s login and/or profile details can be done directly on Insights or by contacting EmployInsight via email.

EmployInsight may charge Data Subjects a fee for accessing or amending their Personal Information if the said actions result in a Service rendered.

Removing Part or all Personal Information

A request for the Removal of your Personal Information can be made via email to EmployInsight, whereafter we will provide you with a copy of the Personal Information in our possession. Upon your confirmation of removal, a certificate of deletion will be issued.

The only Personal Information that will remain thereafter will be those records we are required to retain by law if any.

NO SELLING

EmployInsight will not sell your Personal Information to any third parties, nor will we disclose your information to anyone except as provided for in this Privacy Policy.

DIRECT MARKETING

EmployInsight may send marketing and promotional communications and material to Clients. Recipients may opt-out from receiving such communications by contacting us at the details provided below or by clicking on the opt-out link that will be contained in the relevant electronic communication.

LIMITATION

EmployInsight is not responsible for, does not give any warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites.

CHANGES TO THIS POLICY

EmployInsight reserves the right to update this Privacy Policy from time to time. Any changes will be posted on our website with an updated revision date at the bottom of the policy. If any material changes are made to this policy, we will provide clear and sufficient notice through this site or by other means.

COMPLAINTS

If EmployInsight has utilised your Personal Information contrary to the Privacy and Data Protection Conditions as set out in this policy and/or POPIA, you may first resolve any concerns with us by contacting our Information Officer at the contact details below. If you are not satisfied with such a process or feel the breach in our obligations is too big, you have the right to lodge a complaint via email with the Information Regulator at POPIAComplaints@inforegulator.org.za.

EMPLOY INSIGHT CONTACT DETAILS

General enquiries: info@employinsight.co.za

Information Officer:

Mariette Barends – mbarends@employinsight.co.za

Deputy Information Officer:

Erna Penning – epenning@employinsight.co.za

Effective date: November 2021