SIMPLIFY.HR TERMS AND CONDITIONS
This document sets out the terms and conditions ("Terms") on which Simplify.hr, a division of Media24 Proprietary Limited (Registration No. 1950/038385/07 and Vat No 4150102228) of 40 Heerengracht, Foreshore, Cape Town, 8000 ("Simplify.hr", “Media24”, “we”, “us” and “our”) provides Customers (“Customer”, “you” and “your”) with access to certain recruitment management services through the www.Simplify.hr website ("Website").
Please read these Terms very carefully before using the Website and the Services.
By using the Website and the Services available thereon you are deemed to accept these Terms and any additional terms and conditions which expressly apply to services and information provided by third parties.
If you do not accept these Terms, you will not be able to use the Website and the Services. We may change these Terms from time to time and accordingly you are advised to refer back to these Terms from time to time and before making use of the Website and Services.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms also includes the following additional terms by reference, which also apply to your use of our Website;
We provide you with the services as described on the Website, which allows you to browse, screen, track and collaboratively manage its hiring process ("Services") and provides the facility of storing your recruitment data ("Recruitment Storage Service"). The Services typically includes:
- the functionality to add, edit and delete accounts for users, meaning your employees and nominated representatives ("Users") of your hiring team. 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 publish and export Vacancies to various job boards and social media services where they can be displayed to persons seeking employment on a contract or permanent basis ("Candidates"). You shall enter into a contract with the relevant provider/s in the case where the job board or social media service requires payment for the service;
- the functionality to upload information about your organisation or any Vacancy ("Customer Information");
- the functionality to view the "Profile" of a Candidate who applies for your Vacancy, which means the information submitted by a Candidate through the Services which may include a summary of the Candidate’s employment history and work experience, educational background, work hard or soft skills and custom information as requested by you;
- the functionality to request certain implementation services from Simplify.hr to allow you or your Users the functionality to access and use the Website and Services on your systems, including through the use of a Simplify.hr API (“Simplify APIs”). Additional fees may be charged for the use of these Simplify APIs, which Fees will be agreed upon between us and yourself and will be invoiced to you and payable on or before commencement of your use of the Simplify APIs; and
- any other features and functionalities provided by us to you from time to time.
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 provision of any element of the Services or the Website.
In the event of an unplanned service downtime we will have no obligation to notify the Customer. 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 Website, provided that we are able to do so.
We may grant access to the Website and the Services to you on a trial or ‘free’ basis (hereafter "Trial") for a limited period. You acknowledge and agree that during the Trial the following specific terms shall apply in addition to all other Terms: access to the Services during the Trial will be provided at no cost to you; such access is solely for the purpose of offering you a preview demonstration of the functionality and features of the Services; the functionality of the Services during a Trial may be limited or restricted; and we may withdraw or suspend your access to the Services at any time during the Trial.
You will be required to register with us in order to use the Services by completing the online registration form on the Website or; by completing an Order Form.
We reserve the right (but are not obliged) to conduct verification and security checks in respect of all information provided by you to us prior to granting access to the Service. We may take any action that we deem appropriate at our sole discretion including without limitation, to terminate your access to the Service and/or Website, 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.
These Terms will apply to any and all Users who access and use the Website 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 Website 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;
- 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 Website.
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 Website, whether such use is authorised by you or not.
You and your Users warrant and agree that you will at all times use the Services and the Website in accordance with these Terms.
Customer’s and User’s use of the Services and/or the Website, 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;
- 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 Website;
- publish Vacancies on behalf of a company without their knowledge and written consent;
- advertise a Vacancy to a Candidate based outside of the Republic 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 to transmit unsolicited mass mailing, "junk mail", or "chain letters", "spamming";
- at any time use the Services and/or the Website with the purpose of impersonating another user or person;
- use the information made available to you through your use of the Services and/or the Website for any purpose other than in connection with managing the recruitment of staff;
- use the Website or Services to contact any Candidate or other person who has not either applied for an 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 Website 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 Simplify.hr 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 your obligations listed above.
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 Website, 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 websites 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.
Simplify.hr reserves the right to refuse to publish any Vacancies, or to at any time remove or edit an Vacancy (in whole or in part), if we have reason to believe that your use of the Services and/or the Website are in breach of 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 Website. In certain circumstances we may choose to instigate legal proceedings as appropriate if there is any illegal use of the Services and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website 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 Website 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. In the event the 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 Website in accordance with the applicable law and legislation and in particular, all applicable data protection, employment and anti-discrimination legislation. In particular you warrant that you will collect and process personal information relating to Candidates only in compliance with applicable data protection laws and 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 Website. 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 Simplify.hr does not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of the Candidates. Simplify.hr does not warrant, represent or guarantee that the Customer 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, Simplify.hr 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. In the event 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 Simplify.hr is 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 these contractual obligations to a Candidate.
We may offer you the option to integrate additional products and services that provide functionality that compliments the Services and are supplied by third parties (each such third party being an “Integration Partner”).
Simplify.hr does not provide the products or services provided by the Integration Partners and the contract for the sale of such products and services is concluded directly between you and the applicable Integration Partner. Simplify.hr are not the agent, joint venture or partner of either the Integration Partner or yourself.
BASIS OF CONTRACT
The methods of contracting with us for the Supply of the Services are as follows:
- Online via the Website 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 [email protected]
The contract between Simplify.hr and the Customer 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:
- where online sign-up is possible, on submission of your online application; or
- on signature of the Order Form by Media24
and shall endure for the Term. Billing will commence as per the Order Form start date or the date indicated during online sign-up.
Please check the order carefully before confirming it. You are responsible for ensuring that your Order Form or online sign-up 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 in the event that you have paid for the Services.
INTELLECTUAL PROPERTY RIGHTS
Simplify.hr and its licensors own all intellectual property rights relating to the Services and the Website, including but not limited to all software, content and customer databases forming part of the Website ("Our IP"). Nothing in these Terms will serve to transfer from Simplify.hr to the Customer any of Our IP, 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 Simplify.hr and the relevant third party licensors.
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 Simplify.hr, a perpetual, sub-licensable, worldwide, royalty- free licence to publish and make available on the Website 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 Simplify.hr 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 the use or possession of the Customer Information, Vacancies, and all other information and material provided by you to us.
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”).
Words or terms used but not defined herein shall have the meanings given to them in POPIA.
The Customer and Simplify.hr 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.
You hereby indemnify Simplify.hr against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of your failure to comply with your responsibilities as the Responsible Party as prescribed by POPIA.
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 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.
Should Simplify.hr Process Personal Information as an Operator on behalf of the Customer (Responsible Party), we undertake 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 Simplify.hr acts as an Operator for the Customer, Simplify.hr will notify you immediately where Simplify.hr has reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person.
We may transfer Personal Information outside of the Republic of South Africa and as the Responsible Party, you hereby authorises such transfers to sub-operators (the recipients of such Personal Information). As the Operator, we will 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.
You must ensure that you have your own privacy notice for Candidates, which complies with the requirements as set out in section 18 of POPIA.
Should you engage one or more of the Integration Partners, such Integration Partner is the Operator on your behalf and Integration Partners are not sub-processors of Simplify.hr.
Should you use an Integration Partner’s services, you hereby acknowledge and agree that Personal Information may be transferred between Simplify.hr and the Integration Partner. It is your express instruction that we will provide such Personal Information to the Integration Partner.
Should Simplify.hr receive Personal Information from one or more Integration Partners in respect of which we believe you are the Responsible Party, you hereby instruct us to process such personal information on your behalf.
Should the services terminate without the Customer retrieving or deleting its Personal Information on the Platforms, Simplify.hr 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, you grant Simplify.hr 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 Simplify.hr, including information from third party sources.
How to Contact the information Officer
Simplify.hr has a designated Information Officer who is responsible for the protection of Personal Information.
If you are dissatisfied with our resolution of your complaint, you have the right to refer it to the Information Regulator, the supervisory authority for data protection issues in South Africa.
General enquiries email: [email protected]
Complaints email: [email protected]