CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPI)

Privacy Policy and Compliance Framework

 

Who we are and what we do: Enshrine Placements (the data controller) is a unique and innovative engineering and technical virtual recruitment company in Africa that offers affordable service without compromising on quality, to ensure your business has the very best resources to leverage projects and nurture company growth at any given time.

Enshrine has a finger firmly on the pulse of trends in recruitment coupled with advancements in information technology social and business networking. Our model incorporates headhunting and conventional recruitment, and the best that modern technology can offer in terms of back-office administration.

We have the capacity to accommodate virtual recruitment agents working remotely from any location. Our platform is capable of handling volumes which is in keeping with our vision to furnish large projects with multiple skills.

We cover all the disciplines required in the managing, designing, procuring, constructing, commissioning, operating and decommissioning of engineered assets for the built environment.

We place people in these projects:

  • Mining; Petroleum and Refineries
  • Oil and Energy (Power and Renewable)
  • Infrastructure; Water; Utilities; Industrial Automation
  • Heavy Engineering; Civil Engineering; Consulting; EPCM
  • Supply Chain; Distribution; Manufacturing; OEM Equip.
  • Construction; Project Management; Management Consulting

Enshrine Placements is committed to compliance with, and adherence to, the Protection of Personal Information Act (POPI) South Africa and confirm that we comply with this legislation.

We are committed to protecting and respecting your privacy. This privacy policy sets out how Enshrine Placements uses, protects and processes any information that we collect from you or that you provide to us.

Should we ask you to provide certain information by which you can be identified when using our recruitment services, then you can be assured that it will only be used in accordance with this privacy policy.

Enshrine Placements has pre-emptively adopted standards that comply with the European General Data Protection Regulation (GDPR) as well as the Protection of Personal Information Act (POPI Act) in order to comply with the standards of our European and South African clients, candidates and stakeholders, and also to provide additional protection to our Australian, American and other clients worldwide.

Both the Protection of Personal Information (POPI) Act and the General Data Protection Regulation (GDPR) aims to harmonise data protection legislation, enhancing privacy rights for individuals and providing a strict framework within which commercial organisations can legally operate.

The POPI Act requires us to:

  1. sufficiently inform candidates/applicants/work-seekers (data subjects), hereafter referred to as candidates, the purpose for which we will process their personal information, and
  2. protect our information assets from threats, whether internal or external, deliberate or accidental, to ensure business continuation, minimise business damage and maximise business opportunities.

This policy and compliance framework establishes measures and standards for the protection and lawful processing of personal information within our organisation and provides principles regarding the right of individuals to privacy and to reasonable safeguarding of their personal information.

Operational Considerations

Monitoring

The Board/Management and duly appointed Information Officer are responsible for administering and overseeing the implementation of this policy and, as applicable, supporting guidelines, standard operating procedures, notices, consents and appropriate related documents and processes. All employees, subsidiaries, business units, departments and individuals directly associated with us are to be trained, according to their functions, in the regulatory requirements, policies and guidelines that govern the protection of personal information. We will conduct periodic reviews and audits, where appropriate, to ensure compliance with this policy and guidelines.

Operating controls

We shall establish appropriate standard operating procedures that are consistent with this policy and regulatory requirements. This will include:

Allocation of information security responsibilities.
Incident reporting and management.
User ID addition or removal.
Information security training and education.
Data backup.

Policy compliance

Any breach/es of this policy may result in disciplinary action and possible termination of employment.

For candidates:

By submitting your information and application you hereby confirm:

  1. That you have read and understood our POPI Policy;
  2. That you have no objection to us retaining your personal information in our database for future matching;
  3. Should suitable opportunities arise we will contact you and request your consent to submit your CV to a specific client for a specific purpose;
  4. That the information you have provided to us is true, correct and up to date.

If you have any additional questions about Enshrine Placements’ collection and storage of data, please contact us at:

            T: +27 (0) 10 597 0862

            E: caryn@enshrineplacements.com

The Information Officer is responsible for:

  • Conducting a preliminary assessment;
  • The development, implementation and monitoring of this policy and compliance framework;
  • Ensuring that this policy is supported by appropriate documentation;
  • Ensuring that documentation is relevant and kept up to date;
  • Ensuring this policy and subsequent updates are communicated to relevant managers, representatives, staff and associates, where applicable.

All employees, subsidiaries, business units, departments and individuals directly associated with us are responsible for adhering to this policy and for reporting any security breaches or incidents to the Information Officer.

Any service provider that provides information technology services, including data storage facilities, to our organisation must adhere the requirements of the POPI Act to ensure adequate protection of personal information held by them on our behalf. Enshrine Placements are in the process of entering into written agreements with relevant service providers which will stipulate and regulate the parties’ responsibilities in terms of compliance with the POPI Act’s requirements.

Policy Principles

Principle 1: Accountability

We must take reasonable steps to ensure that personal information obtained from candidates is stored safely and securely.  This includes CV’s, resumés, references, qualifications, integrity checks and any other personal information that may be obtained for the purpose of candidate representation.

Enshrine Placements collects Personal data directly from you (via email, website forms, phone, and email or otherwise) as well as from other available sources to the extent relevant and permitted under the GDPR and POPI legislation. Subject to this applicable law we may collect the following information:

• Name and job title
• Contact information including phone number and email address
• Links to your professional profiles available in the public domain e.g LinkedIn and/or corporate website
• Your competences, skills, experience and education, e.g. your CV or resume, previous employments, educational details and qualifications, third party references
• Your preferences, e.g. preferred country of employment, areas of interest as well as your preferred ways to be contacted by Enshrine Placements
• Other information relevant to roles and relevant industry news
• Other information, such as information found from public sources as well as information depending on the position you are applying for, and where necessary for the recruitment activities. This will only be in the case of legitimate interest (please see our Legitimate Business Interests below)

Our Legitimate Business Interests

Our legitimate interests in collecting and retaining your personal data are described below:

  • As a recruitment business and recruitment agency we introduce candidates to clients for permanent employment, temporary worker placements or independent professional contracts. The exchange of personal data of our candidates and our client contacts is a fundamental, essential part of this process.
  • In order to support our candidates’ career aspirations and our clients’ resourcing needs we require a database of candidate and client personal data containing historical information as well as current resourcing requirements.
  • To maintain, expand and develop our business we need to record the personal data of prospective candidates and client contacts. Due to the nature of our business we will never store your personal data for a period longer than 6 years without having meaningful contact with you in this time period. If you have not received any meaningful contact from us in 6 years or more your personal information will be deleted from our systems. “Meaningful contact” means, for example, any form of contact between us in relation to Enshrine Placements assisting/providing recruitment services to you.

Technical Information

When you access our services online, our web servers automatically create records of your visit. These records typically include IP-address, access times, the sites linked from, pages visited, the links and features used, the content viewed or requested, browser or application type, language and other such information. When you use our services or otherwise interact with us over telecommunications networks, certain additional information, such as your mobile telephone number, may be transmitted to Enshrine Placements by the telecommunications operator as a standard part of that communication.

Principle 2: Processing limitation

We will collect personal information directly from candidates.

Once in our possession we will only process or release candidate information with their consent, except where we are required to do so by law. In the latter case we will always inform the candidate.

Principle 3: Specific purpose

We collect personal information from candidates for the sole purpose of recruitment and to enable us to represent them to our clients.  More specifically to enable Enshrine Placements to:

Voluntary

• find you employment or a contract position and to this end, make your information available
for searching and matching to job opportunities across Enshrine Placements with the intention of presenting you as a match to the client companies of Enshrine Placements;
• perform appropriate checks on job history, criminal record, educational/ skills qualifications/registrations/licenses as well as credit history, where such is required and is permitted by the NCA;
• refer you as a candidate for employment with client companies or employ you as staff within our own environment;
• notify you of Enshrine Placements’ various goods, services and offerings using various mediums and platforms, subject always to your right at any time to opt out of such communication; and/ or
• perform its various recruitment, human resource and capital operations, as well as ensuring timeous and accurate payroll functions; and/ or the proper administration of your employment benefits such as healthcare and/ or retirement funding where applicable.

Processing Information
As a business which includes the supply of engineering and technical contracting and permanent staff , we may use your personal information, with your consent, to inter alia, administer dealings and potential dealings with clients, assess applications for employment or contractual positions, create online profiles accessible by you using the internet, analyse our web traffic and improve our site and service.

By providing us with personal information, you expressly consent to Enshrine Placements processing your personal information for legitimate and business related purposes.

Mandatory
• comply with the applicable labour, tax and financial legislation;
• conclude a contract with you;
• keep records in accordance with the BCEA and other applicable laws;
• report to government in terms of the applicable laws, including for example, the EEA, SDA, SDLA, LRA, B-BEEA, UIF, UIFLA and Income Tax Laws;
• pay over Skills Development Levies as per the SDLA;
• pay over contributions to the Unemployment Insurance Fund and Compensation Insurance Fund;
• pay over PAYE and other related taxes to the Receiver of Revenue.

All personal information which you provide to Enshrine Placements will only be used for the purposes for which it is collected.

Principle 4: Limitation on further processing

Personal information may not be processed further in a way that is incompatible with the purpose for which the information was collected initially.

Principle 5: Information quality

We are responsible for ensuring that candidate information is complete, up to date and accurate before we use it. This means that it may be necessary to request candidates, from time to time, to update their information and confirm that it is still relevant. If we are unable to reach a candidate for this purpose their information will be deleted from our records.

Principle 6: Transparency/openness

Where personal information is collected from a source other than directly from a candidate (e.g. social media portals) we are responsible for ensuring that the candidate is aware:

  • that their information is being collected;
  • who is collecting their information by giving them our details; and
  • of the specific reason that you are collecting their information.

Principle 7: Security safeguards and controlling your personal information

We will ensure technical and organisational measures to secure the integrity of personal information, and guard against the risk of loss, damage or destruction thereof. Personal information must also be protected against any unauthorised or unlawful access or processing. We are committed to ensuring that information is only used for legitimate purposes with candidate consent and only by authorised employees of our agency.

We are committed to ensuring that your information is secure although unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, in order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

We take reasonable steps to keep the personal data we possess accurate and to delete incorrect or unnecessary personal data. With respect to the processing of your personal data, you will always have the rights as provided by applicable local law. In addition, this policy provides you the right to know what personal data we hold about you; to request incomplete, incorrect, unnecessary or outdated personal data deleted or updated as well as to object to Enshrine Placements’ processing of your personal data on compelling legitimate grounds.

There may be certain categories of information prescribed by applicable local law that we may lawfully withhold.

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about roles and market information which we think you may find interesting if you consent for Enshrine Placements to do so.

Retention of your data

We understand our legal duty to retain accurate data and only retain personal data for as long as we need it for our legitimate business interests and that you are happy for us to do so. Accordingly, we will re-assess our ‘Legitimate Interests Needs Balancing Act’ on a yearly basis and run data routines to remove data that we no longer have a legitimate business interest in maintaining.

We segregate our data so that we keep different types of data for different time periods. The criteria we use to determine whether we should retain your personal data includes:

  • the nature of the personal data;
  • its perceived accuracy;
  • our legal obligations;
  • whether an interview or placement has been arranged; and
  • our recruitment expertise and knowledge of the industry by country, sector and job role.

We may archive part or all of your personal data or retain it on our financial systems only, deleting all or part of it from our main Customer Relationship Manager (CRM) system. We may pseudonymise parts of your data, particularly following a request for suppression or deletion of your data, to ensure that we do not re-enter your personal data on to our database, unless requested to do so.

Your rights

You may choose to restrict the collection or use of your personal information in the following ways:

  • If you have previously agreed to Enshrine Placements using and or storing your personal information you may change your mind at any time by writing to or emailing us at:
    • caryn@enshrineplacements.com
    • Enshrine Placements, 193 Maple Road, Kyalami, Midrand, 1684

Under the GDPR and Enshrine Placements policies and procedures you have the right to:

Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party in certain formats, if practicable.

Principle 8: Participation of individuals

Candidates are entitled to know particulars of their personal information held by us. They are also entitled to correct any information held by us.

Accuracy of Information and Onus

POPI requires that all your personal information and related details supplied, are complete, accurate and up to date.  If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Whilst Enshrine Placements will always use its best endeavours to ensure that your personal information is reliable, it remains your responsibility to advise Enshrine Placements of any changes to your personal information, as and when these may occur.

Consent to Direct Marketing, Advertising and Promotional activities

Enshrine Placements

  • may use my personal information for the marketing and/ or promotion of its own goods and services;
  • may use my personal information for the marketing and/ or promotion of other parties goods and services

Right to amend this Privacy and Security Statement

We reserve the right to amend this privacy and security statement at any time. All amendments to this privacy and security statement will be posted on the website. Unless otherwise stated, the current version shall supersede and replace all previous versions of this privacy and security statement.

Declaration and Informed Consent

I declare that all personal information supplied to Enshrine Placements for the purposes of recruitment and related legal and operational reasons is accurate, up-to-date, is not misleading and that it is complete in all respects. I undertake to immediately advise Enshrine Placements of any changes to my personal information should any of these details change.

I furthermore give Enshrine Placements permission to process my personal information, as provided above, and acknowledge that I understand the purposes for which it is required and for which it will be used.