CAREERS24.COM RECRUITER TERMS AND CONDITIONS

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These Terms also refer to the following additional terms, which also apply to your use of our Platforms and Services;

• a) Our privacy policy (the “Privacy Policy”) (www.media24.com/privacy-policy), which sets out the terms on which we process personal information we collect from you, or that you provide to us. By using the Platforms or Services, you consent to such processing as set out in our privacy policy, and you warrant that all data provided by you is accurate and disclosed to us in compliance with applicable law;
• b) Our cookie policy (the “Cookie Policy”) (www.media24.com/media24-cookie-policy ), which sets out information about the cookies on the Platforms; and
• c) If you are a jobseeker, our Jobseeker terms and conditions (www.careers24.com/terms ), which sets out information applicable to Candidates.

OUR SERVICES

We provide you with the services as described on the Platforms which allows you to market Vacancies, source candidates for Vacancies and manage responses to Vacancies ("Services"). The Services typically includes:

• the functionality to add, edit and delete accounts for users, meaning your employees and nominated representatives of your hiring team ("Users"). Creating User accounts grant Users access to and use of the Services on your behalf;
• the functionality to create descriptions of an employment or contractor role that you are looking to fill ("Vacancy(ies)") (this may be limited to a set number of Vacancies in accordance with the corresponding fee subscription selected by you);
• the functionality to upload "Customer Information", meaning information about your organisation or any Vacancy;
• the ability to view the "Profile" of a candidate who applies for a Vacancy with you ("Candidate"), which means the information submitted by a Candidate through the Platforms which may include a summary of their academic background, work experience, technical or product skills and employment history;
• The functionality to search the Careers24.com database of candidate profiles (“Candidate Database”) to find suitable Candidates for the express purpose of filling current Vacancies at your organisation, or if you are a recruitment agency, for your clients (this may be limited to a set number of Candidate views in accordance with the corresponding fee subscription selected by you);
• the functionality to request certain implementation services from Careers24.com to allow you or your Users the functionality to access and use the Platforms and Services on your systems, including through the use of a Careers24.com API (“Careers24 APIs”). Additional fees may be charged for the use of the Careers24 APIs, which will be agreed upon between us and will be invoiced to you and payable on or before commencement of your use of the Careers24 APIs; and
• any other features and functionalities provided by Careers24.com to the Customer from time to time.

The information and Services available on the Platforms are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information from the Platforms for these purposes only and for no other personal or commercial purpose. Our obligations shall be limited only to the provision of the Services and do not in any way include acting on your behalf. These Terms do not intend to, or shall be deemed to, establish any partnership or joint venture between yourself and us, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.

We may from time to time add, modify, suspend or cease (temporarily or permanently) the Platforms or the provision of any element of the Services.

You may not otherwise copy, display, transmit or distribute any material from the Platforms or Services and if you do, or if you perform any other unauthorised processing of information on the Platforms or Services it shall be deemed a material breach of these Terms which, shall entitle us to terminate the Services immediately. Further, we reserve the right to terminate or suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information.

In the event of an unplanned service downtime we will have no obligation to notify you. We will use our reasonable endeavours to notify you in advance in the event of a planned service downtime in respect of the Services or the Platforms, provided that we are able to do so.

SERVICE ACCESS

You will be required to register with us in order to use the Services by:

• completing the online registration form on the Platforms or (“Online Submission”);
• by completing an Order Form.

We reserve the right to conduct verification and security checks in respect of all information provided by you to us prior to granting access to the Services. We may take any action that we deem appropriate at our sole discretion including without limitation, to terminate your access to the Services and/or Platforms, if we has reason to believe that the information provided by you to register and use any of the Services breaches or is likely to breach any of the provision in these Terms. The Services shall be personal to your organisation and you have no right whatsoever to resell the Services to any third party for any reason without our express written approval.

USERS

These Terms will apply to any and all Users who access and use the Platforms and Services through your account. You acknowledge and agree:

• all Users must use the corporate email address allocated to them by you when creating a User account;
• only one person may log-on to the Platforms and/or access the Services using any one User account at any one time;
• We may allocate the Customer "Admin", “Super User” or "Member" accounts with varying levels of access based on your requirements, and you will comply (and ensure each User complies) with any directions relating to the establishment and use of such User accounts; and
• You are directly liable to us at all times for the acts or omissions of your Users.

Customer and User usernames and passwords ("Logins") must be kept safe and secure by you and you will ensure that your Logins are not used without your permission. You must immediately notify us if you have reason to believe that there has been unauthorised use or access to your Logins and/or your profile on the Platforms. You will be solely responsible and liable for any breach of these Terms arising out of or resulting from use of your Logins to access the Services and/or the Platforms, whether such use is authorised by you or not. You warrant and agree that you and your Users will at all times use the Services and the Platforms in accordance with these Terms.

Customer’s and User’s use of the Services and/or the Platforms, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between Users and Candidates, and all other material of any format ("Submissions") as well as any content or information the Customer makes available to Candidates (for example information about your organisation or any Vacancy) shall:

• comply with all applicable laws and legislations;
• not infringe any intellectual property rights or other proprietary rights of any third party;
• are not deemed to:
  • be illegal, inappropriate or offensive;
  • promote bigotry, racism, sexism, harassment, hatred of any kind against any group of individual;
  • display lewd, sexually explicit material or pornography;
  • invade or violate any person’s right to privacy;
  • promote abusive, threatening, defamatory, libellous or obscene conduct;
  • promote illegal activities or provide instructional information regarding illegal activities;
  • contain or promote knowingly false, inaccurate or misleading information;
  • promote competitions, contests, multi-level marketing schemes and currency trading without our written approval; or
  • exploit people in a sexual or violent manner.

You and your Users will not:

• publish Vacancies that is not intended to fill actual unfulfilled full time/part-time/hourly employment/contract positions;
• publish Vacancies for multi-level marketing positions, pyramid schemes or self-employed opportunities;
• publish Vacancies with the aim of building a candidate database for any reason other than legitimate employment for positions that are currently unfilled or expected to open within a reasonably acceptable time period;
• publish Vacancies where the application takes place outside our Platforms;
• publish Vacancies on behalf of a company without their knowledge and written consent;
• advertise a Vacancy to, or target any Candidate(s) based outside of South Africa;
• publish any Vacancy that is in respect of any role to be filled in a country outside of South Africa, unless the intention is to only full such role with a South African Candidate;
• request payments from Candidates in any form;
• use the Service or the Platforms to transmit unsolicited mass mailing, "junk mail", or "chain letters", "spamming";
• at any time use the Services and/or the Platforms with the purpose of impersonating another user or person;
• use the information made available to you through the Services and/or the Platforms for any purpose other than in connection with managing the recruitment of staff;
• use the Platforms or Services to contact any Candidate or other person who has not either applied for a Vacancy or been identified by you through other means as a potential Candidate;
• register the same Customer more than once for the purpose of circumventing Customer limitations which have been created by the Platforms such as the number of Vacancies you are permitted to create; and
• do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.

You indemnify Careers24.com for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by us which arise directly or indirectly from a breach by you or your Users of your obligations under these Terms.

We do not vet or verify the accuracy, correctness and completeness of, edit or modify any Submissions or any other information, data and materials created, used and/or published by you on the Platforms, unless otherwise explicitly stated by us. You warrant that you have the right to use all such information and material. We may enhance the Profile by using data related to the Candidate obtained from third parties. Such additional information may include links to any social media sites used by us in enhancing the Profile. In such circumstances, we do not vet or verify the accuracy, correctness and completeness of such data used to enhance the Profile and no guarantee is given that any enhancements to the Profile will be error free or ultimately achieve any enhancement to the Profile and it is your responsibility to verify the accuracy of such information before making any hiring decisions.

Careers24.com reserves the right to refuse to publish any Vacancies, or to at any time remove or edit a Vacancy (in whole or in part), if we have reason to believe that your use of the Services and/or the Platforms breaches these Terms. We take breaches of the Terms very seriously and reserve the right to take any action we deem necessary, including, without limitation, suspension or termination of your use of the Services and/or access to the Platforms. In certain circumstances we may choose to instigate legal proceedings as appropriate if there is any illegal use of the Services and/or the Platforms, or disclose information to any third party who is claiming that any material posted or uploaded onto the Platforms constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. You will promptly notify us if you become aware of or suspect any of these breaches by your Users.

ACEPTABLE CANDIDATE INTERACTION

You and your Users warrant and agree that:

• any Vacancy that you publish through the Platforms must contain sufficient information to allow a Candidate to make an informed decision to apply for the role in question;
• the information provided regarding a Vacancy and in respect of the Customer Information shall be correct, complete, accurate and up to date. If information in the Vacancy or the Customer Information is incorrect, incomplete, inaccurate or out of date, then you must immediately take all necessary steps to rectify such information;
• you will at all times use the Services and the Platforms in accordance with applicable law and in particular, all applicable data protection, employment and anti-discrimination legislation. You further warrant that you will collect and process personal information relating to Candidates in compliance with POPIA and only to the extent that this data collection is necessary and relevant to the performance of the job which is being applied for;
• you are solely responsible for the use of the Services and your internal management of the recruitment process and any Vacancy advertised by you through the Platforms. You are also responsible for confirming:
  • each Candidate’s qualifications, skills, training and experience;
  • that the Candidate has the right to work in the relevant jurisdiction; and
  • procuring from the Candidate(s) all information reasonably required by you to determine the Candidate’s suitability to the Vacancy;
• you will not use the Services or the Platform to target or advertise any Vacancy to candidates located outside of the Republic of South Africa.

You acknowledge that we do not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of the Candidates. We do not warrant, represent or guarantee that you will be able to fill the Vacancy using the Services.

You will, and shall procure that your Users shall, at all times keep all information including without limitation, the Candidates’ Profiles, communication and correspondences between yourself, Careers24.com and the Candidates, and all information relating to the Candidates and the recruitment process secure and confidential in compliance with applicable data protection laws.

You acknowledge and agree that it is your responsibility to ensure you enter into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed between yourself and the approved Candidate directly. If there is a dispute between you and any Candidate (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) – collectively, a "Dispute" - you agree that we are not liable for any loss or damage suffered by yourself resulting from any such Dispute and you hereby release and hold us harmless from any such loss or damage or any liability in relation to any Dispute.

You indemnify us against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by us which arise directly or indirectly from any Dispute, or any breach by yourself of the contractual obligations to a Candidate.

USE OF THE CANDIDATE DATABASE

You may only use the Candidate Database for the purpose of finding suitable Candidates for specific Vacancies that you, or if you are a recruitment agency, your clients, wish to fill. The Candidate grants you access to their data only for the legitimate interest of applying for a Vacancy at your (or your client’s) organisation and you may not use the information in connection with any activities that are not directly related to recruiting for an open position.

We reserve the right to limit and restrict your daily usage to a number we deem is reasonable; and/or suspend or cancel, without refund, access to the Candidate Database and any associated services if we, in our sole discretion, suspect the misuse of data by a User and/or the User has breached any of the terms of these Terms. Such activity may result in legal action being taken by us against you or your Users.

You may not;

• except where you are a recruitment company acting on behalf of a client in the interest of filling an open Vacancy, transfer, sell, license, or share material from the Candidate Database to/with any other person or company including another member of your group of companies;
• contact, make use of, share, or allow the use of the information of the Candidate, other than for the purpose of finding suitable Candidates for specific Vacancies. In this regard, you and your Users must, always, comply with your obligations under our Privacy Policy;
• use an automated process such as scraping to search, view or download material from the Candidate Database.

The agreement you have entered into with us may be based on access by license, the subscription model, or the credit model. These Terms will determine the nature and extent of the material that you are entitled to receive. Refer to your individual Order Form (online or via our sales channels) or your Online Submission to find out which service is relevant to your company.

For subscription-based Customers, access to the Candidate Database is granted for the duration of the agreement as stipulated in the Order Form or Online Submission.

For Customers who have purchased CV Download credits via the Platforms or Customers who have purchased CV Download credits via an Order Form or Online Submission:

• Unused credits expire at the end of the agreement term, set out in the Order Form or Online Submission or after termination of the agreement.
• Credits are valid until the end date specified on the Order Form or Online Submission and any other unused credits will expire at the end of the agreement;
• Credits purchased via the Platforms on a pre-paid basis are valid for 12 months after purchase. Any credits not used within the 12-month period will expire.

A CV Download credit will be deducted by:

• Viewing a full Candidate Profile on the Platforms; or
• Downloading the Candidate Profile from the Platforms.

A CV Download credit will be deducted by:

• Viewing a full Candidate Profile on the Website; or
• Downloading the Candidate Profile from the Website.

These Terms are governed by a fair use policy for CV Downloads, which we deem to be 250 CV downloads per day. We reserve the right to amend any fair usage limits that have been imposed without prior notification.

HOW YOU CONTRACT WITH US

The methods of contracting with us for the Supply of the Services are as follows:

• Online via the Platforms by creating a trial account and/or User accounts;
• Via a signed Order Form. You can request a Pricing Proposal and Order Form by emailing sales@careers24.com

BASIS OF CONTRACT

The contract between us and you in respect of the Services shall comprise the Order Form, where applicable and these Terms, to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order or other document).

The Terms will commence:

• for Online Submissions: on submission of your application online;
• for Order Form: on signature of the Order Form by us;

and shall endure for the Term indicated on your Online Submission or the Order Form. Billing will commence as per the Order Form or Online Submission start date.

Please check the order carefully before confirming it. You are responsible for ensuring that your Order Form or Online Submission is complete and accurate.

Should we be unable to accept your order for Services for any reason, we will inform you of this by email and we will not process your order. We will refund you the full amount if you have paid for the Services.

INTELLECTUAL PROPERTY RIGHTS

Careers24.com and its licensors own all intellectual property rights relating to the Services, the Customer Database, any and all content on the Platforms, and the Platforms, including but not limited to all software forming part of the Services and/or the Platforms (“Our IP”). Nothing in these Terms will serve to transfer from Careers24.com to the Customer (or anyone else) any of Our IP or other intellectual property rights contained in or related to the Services, the Customer Database, or the Platforms, and all right, title and interest in and to Our IP will remain exclusively with us and/or our licensors. All rights in and to Our IP not expressly granted to you are reserved by Careers24.com and the relevant third party licensors, where applicable.

You warrant that you own or have the right or licence to use the intellectual property rights in the Customer Information, the Vacancies and all information and materials provided by you to us. You grant Careers24.com, a perpetual, sub-licensable, worldwide, royalty- free licence to publish and make available on the Platforms the Customer Information, Vacancies and all other information and material provided by yourself to us in respect of the Services, for the purpose of providing the Services to you. You hereby indemnify Careers24.com against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by our use or possession of the Customer Information, Vacancies, and all other information and material provided by you to us.

DATA PROTECTION & PRIVACY POLICY

The term "applicable data protection laws" is used in this document to refer to any legislation protecting the fundamental rights and freedoms of individuals in respect of their right to privacy in terms of the processing of personal information, including in particular the Protection of Personal Information Act 4 of 2013 and all regulations promulgated thereunder from time to time (“POPIA”).

Terms used but not defined in these Terms shall have the meanings given to them in POPIA.

The Customer and Careers24.com shall comply with applicable data protection laws in the performance of their respective obligations set out herein.

In respect of any Personal Information accessed or otherwise Processed, including, amongst other things, the collection, recording, organisation, storage, modification or transmission of Personal Information, by Customer as a result of access to the Platforms or the Services, the Customer agrees that it shall be the sole Responsible Party for purposes of POPIA and, as such, shall be solely responsible for its Processing of Customer Personal Information.

The Customer acknowledges that the Platforms and Services are solely intended for Vacancies that are marketed to Candidates based in the Republic of South Africa and that the Platform and/or Services are not compliant with data privacy laws, other than those applicable to the Republic of South Africa, as such the Customer warrants that its use of the Platforms and Services will be in accordance with such acknowledgement. The Customer further acknowledges that all Personal Information Processed by us Careers24.com and the Customer as a result of the Customer using the Platforms and/or procuring the Services must comply with POPIA. Should the Customer advertise a Vacancy to a Candidate based outside of the Republic of South Africa, you will indemnify us for all losses, liabilities, costs and expenses (including but not limited to legal costs and penalties) suffered or incurred by us which arise directly or indirectly from such breach by you or your Users.

In addition, the Customer hereby indemnifies Careers24.com against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Customer’s failure to comply with its responsibilities as the Responsible Party as prescribed by POPIA.

Should Careers24.com Process Personal Information as an Operator on behalf of the Customer, Careers24.com, undertakes to comply with the requirements prescribed by POPIA, including:

• securing the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent—
  • loss of, damage to or unauthorised destruction of Personal Information; and
  • unlawful access to or processing of Personal Information.
• taking reasonable measures to—
  • identify all reasonably foreseeable internal and external risks to Personal Information in its possession or under its control;
  • establish and maintain appropriate safeguards against the risks identified;
  • regularly verify that the safeguards are effectively implemented; and
  • ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.
  • having due regard to generally accepted information security practices and procedures which may apply to it generally or be required in terms of specific industry or professional rules and regulations;
  • Processing Personal Information only with the knowledge or authorisation of the Customer (Responsible Party), unless required by law or in the course of the proper performance of their duties;
  • treating Personal Information which comes to its knowledge as confidential and not disclose it, unless required by law or in the course of the proper performance of their duties.

In such instances where Careers24.com acts as an Operator for the Customer, Careers24.com shall notify the Customer immediately where Careers24.com has reasonable grounds to believe that the Personal Information of a Data Subject has been accessed or acquired by any unauthorised person.

Careers24.com may transfer Personal Information outside of the Republic of South Africa and as the Responsible Party, the Customer hereby authorises such transfers to sub-operators (the recipients of such Personal Information). As the Operator, Careers24.com shall ensure that the Personal Information is adequately protected and shall ensure that the sub-operators are subject to appropriate contractual undertakings to ensure the confidentiality, non-disclosure and security of any Personal Information so transferred.

Should Careers24.com Process Personal Information as a Responsible Party, Careers24.com shall comply with the conditions for lawful Processing as prescribed by POPIA and in accordance with it Privacy Policy and Cookie Policy, referred to above. The Customer must ensure that it has its own privacy notice for Candidates, which complies with the requirements as set out in section 18 of POPIA.

Should the services terminate without the Customer retrieving or deleting its Personal Information on the Platforms, Careers24.com may delete all Personal Information after 90 days following the date of termination of the Services unless otherwise required by applicable data protection laws. To the extent permitted by POPIA and with reference to exclusions in section 6 in particular, the Customer grants Careers24.com the perpetual right to (i) use, process, transfer, and store any Customer data, Candidate data, user statistics and quantitative data in an anonymous (or pseudonymous) and aggregated manner, and (ii) combine Customer data, Candidate data, user statistics and quantitative data with other information, collected online and offline by Careers24.com, including information from third party sources.

Where you are a recruitment company acting on behalf of a its clients, you must ensure that you have the relevant data processing agreements in place between your company and the clients you represent. We may request copies of these agreements at our discretion. Failure to provide such data processing agreements may result in us suspending or terminating your use of the Service and/or access to the Platforms.