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TERMS OF USE

About This Website

This website is operated by Pivotal Talent (Pty) Ltd ("Pivotal Talent") under the domain name "http://pivotaltalent.co.za" and "http://pivotaltalent.co.uk" ("Website"). By using, accessing, viewing or otherwise relying on the information, graphics and materials on the Website ("the Material") you agree to be subject to these Terms of Use and the Privacy Policy.

In addition to these Terms of Use, there may also be specific terms governing your use of, and access to certain sections of the Website. Those specific terms also form part of these Terms of Use and you will be bound by them. You are encouraged to review all policies on the Website.

Links to Other Websites

The Website may contain links to other websites operated by third parties ("Third Party Websites"). Any such links are provided for convenience only and solely accessed at your own risk. Pivotal Talent does not endorse, approve of or recommend those Third Party Websites and is not responsible for the information, graphics and material they contain ("Third Party Material").

All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of and given by the Third Party Website operator. Insofar as offers and statements are made on the Website, such offers and statements relating to Third Party Websites are made by Pivotal Talent on behalf of the Third Party Website operator. Pivotal Talent shall in no event be held responsible or liable for the offers and statements.

Subject to any rights at law which cannot be excluded, Pivotal Talent makes no warranties or representations about the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or that Third Party Material does not infringe the intellectual property rights of any person.

By linking the Material to Third Party Material, Pivotal Talent does not authorise the reproduction of Third Party Material. If you download software from a Third Party Website, use of that software may be subject to a licence agreement between you and the Third Party Website operator. To the extent permitted by law, Pivotal Talent accepts no responsibility or liability for that software or the use thereof. Pivotal Talent may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from the Website.

Our Service

The service we provide through the Website allows you to complete an online employment assessment, which will allow either your current employer to assess whether you are eligible for a promotion or in need of additional training ("internal assessment") or for potential employers to assess your suitability for employment in a particular role ("external assessment") on application and after providing the required consent ("the lawful purpose").

Third party contact

This section of the Terms of Use relates to third parties contacting you.

1. Acceptance
In submitting your details via any online employment assessment you expressly consent to Pivotal Talent forwarding your personal information to a third party or third parties in pursuance of this lawful purpose. You hereby consent to Pivotal Talent disclosing your personal information to any prospective employers searching for suitable candidates.

2. Liability
Pivotal Talent makes no representation to the accuracy, completeness, adequacy or currency of any information appearing on the Website, nor does Pivotal Talent guarantee placement in terms of an employment relationship nor any promotions or specific terms and conditions in terms of an employment relationship or otherwise. While the information on the Website is believed to be accurate, we are not responsible, and do not accept liability, for any inaccuracy of content on the Website or any actions taken upon reliance of the information on the Website.

In the event that employment is provided to you on the strength of your application, this is entered into between you and a third party and Pivotal Talent shall in no way be held responsible for any agreements entered into as a result thereof.

Warranties

While we have made every effort to ensure that information is free from error, Pivotal Talent does not warrant the accuracy, adequacy, suitability or completeness of Material on the Website. Use of the Website is at your own risk. Pivotal Talent does not guarantee that the Website or Third Party Websites will be free from viruses, that the Website will be available, or that access to the Website or Third Party Websites will be uninterrupted. You are responsible for taking appropriate precautions for the protection of your computer system and data. That being said, the information provided by you and processed by us is in pursuance of the lawful purpose, is secure and kept confidential in terms of the Privacy Policy.

Limitation of Liability

Subject to any rights implied by law which cannot be excluded, Pivotal Talent is not liable to you, whether in contract, delict / tort (including negligence), statute or otherwise, for any losses, damages, liabilities, claims or expenses (including but not limited to legal costs and defence or settlement costs), direct or indirect, whatsoever arising out of or referable to:

· Your use of the Website;

· Material on the Website;

· Our disclosure of your personal information in terms of the Privacy Policy;

· Your use of Third Party Websites; or

· Third Party Material.

Pivotal Talent’s liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Pivotal Talent’s option, to:

· The supply of the services again; or

· The cost of having the services supplied again or repaired.

Termination

Your use of and access to the Website may be terminated at any time by Pivotal Talent without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Pivotal Talent will survive termination.

Jurisdiction

By accessing the Website, you agree that the laws of the Republic of South Africa will govern these Terms of Use, and you consent to the exclusive jurisdiction of the South African courts in respect of any dispute which may arise from these Terms of Use.

Electronic Communication and Records

When you visit the Website or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.

Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by Pivotal Talent.

If you are a registered user of the Website, you will receive communications from us via e-mail. If you do not want to receive e-mails from Pivotal Talent, you may change the way you receive your communication on the website, or you can phone our Privacy Compliance Manager, whose details appear in the Privacy Policy.

Pivotal Talent takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.

Copyright and Trade Marks

Except where necessary for viewing the Material on the Website on your browser, or as permitted under applicable copyright laws or these Terms of Use, no Material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, distributed, displayed or transmitted in any form by any process without the specific written consent of Pivotal Talent.

You must not use any trade mark displayed on the Website in any way without our express written consent.

You agree that if you breach the terms of this clause, Pivotal Talent or copyright owner will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. Pivotal Talent or copyright owner will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.

Privacy and the Use of the Website

Pivotal Talent does not collect any personal information about you when you use the Website unless:

· You provide it to us by completing an online application or online form or supplying us with your email address;

· You log on and use the services available on the Website; or

· The information collected is de-identified and for research purposes only.

Pivotal Talent may also use third parties to collect statistical information to measure the effectiveness of our online advertising. Any third party involved in this process will not collect personal information.

Pivotal Talent’s collection and use of your personal information is described in the Privacy Policy. By accessing, viewing, or otherwise using this website you agree to be subject to the Privacy Policy.

Our Use of "Cookies"

"Cookies" are small files of data that reside on your computer and allow us to recognise you as a customer if you return to the Website using the same computer and browser or otherwise use the Services. We send a "session cookie" to your computer if and when you log in to your account by entering your email address and password. We use these cookies to recognise you if you visit multiple pages in our site during the same session, so that you don’t need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect.

We also use longer-lasting cookies to display certain information on our form so you don’t have to retype the information each time you log in to your account or otherwise use the Services. Our cookie files are encoded so that your email address and other information can only be interpreted by Pivotal Talent. We may, however, share cookie information with certain merchants with whom we have an official co-marketing relationship regarding whether a user identified by the merchant is already registered with Pivotal Talent with your express consent.

We and our service-providers also use cookies to customise our services, content and advertising; measure promotional effectiveness and promote trust and safety. You may encounter cookies from third parties when using the Services on websites we do not control. For example, if you view a web page created by a third-party or use an application developed by a third party, there may be a cookie placed by that web page or application.

Linking to the Website

Please contact Pivotal Talent’s Marketing Department if you would like to place a link to any part of our Website. You must not provide a link to our Website without our express consent.

Acceptance and Changes to Terms of Use

By ticking the box you acknowledge and agree that your use of the Website indicates your acceptance of these Terms of Use and Privacy Policy as amended from time to time.

These are the current Terms of Use. They replace any other terms of use for the Website published on the Website to date. Pivotal Talent may at any time vary the Terms of Use by publishing the varied Terms of Use on the Website. You accept that by doing this, Pivotal Talent has provided you with sufficient notice of the variation. Your subsequent use of the Website constitutes acceptance of the varied Terms of Use.

Pivotal Talent reserves any rights not expressly granted in these Terms of Use.

PRIVACY AND INFORMATION POLICY

This Privacy and Information Policy ("Privacy Policy") has been developed to acknowledge the importance of, and assist in providing a framework for, the appropriate level of protection for consumer identification, collection, holding, using, disseminating, merging, collating, disclosing and protection of your personal information ("process" or "processing"). The policy represents Pivotal Talent’s commitment to compliance with its obligations under the Protection of Personal Information Act 4 of 2013 ("POPIA").

This Privacy Policy applies in respect of Pivotal Talent (Pty) Ltd ("Pivotal Talent") and it’s processing of personal information.

1. The processing of personal information

We provide this policy in accordance with POPIA, detailing the lawful approach we take in the collection of information and in regard to the management, use and processing of all information collected from you and other legitimate sources and all subsequent dealings with your lawful representatives and other entities listed in this policy.

In the course of our business we seek to obtain your personal information and have you complete an assessment relating to your soft skills for the purposes of allowing either your current employer to assess whether you are eligible for a promotion or in need of additional training ("internal assessment") or for potential employers to assess your suitability for employment in a particular role ("external assessment") on application and after providing the required consent ("the lawful purpose").

By using the Website and/or registering and/or applying online for any of the Pivotal Talent products or services, you provide Pivotal Talent with your express written permission to share your personal information within the Pivotal Talent Group of Companies, in the ordinary course of Pivotal Talent’s business, including for purposes of providing you with the relevant products and services. You may revoke this consent in writing at any time.

2. The types of personal information collected and processed

We gather information about yourself primarily from you and in some instances from other third parties, organisations, agents, and/or government agencies.

3. Identification information about you for verification purposes

To assist in protecting you against identity theft and to assist in reducing the opportunity for fraud, we may ask you for some or all of the following identification information when making a request in order to verify you as the applicant, in terms of the above:

· your full name;

· any alias or previous name/s;

· date of birth;

· sex;

· current address;

· 2 previous addresses (if any);

· name of current employer; or

· name of last known employer;

· driver’s licence number; and

· proof of identification.

4. Why we process personal information

· to complete either an internal assessment or external assessment on behalf of third parties;

· unless requested not to, to communicate with you offers in relation to products and services promoted by us via other websites owned and operated by Pivotal Talent;

· unless requested not to, to send you marketing materials which promote the goods or services of a third party (including by way of electronic direct marketing activities); and

· unless requested not to, we may provide your personal information to third parties for marketing purposes.

By ticking the box marked "Consent" on our website you are providing your consent to us to collect your details and personal information, to process the information for the lawful purpose.

5. What laws authorise us to collect personal information?

We are authorised to collect your personal information, for a lawful purpose, by POPIA.

6. How we collect personal information

We collect personal information from the following possible legitimate sources:

· from you;

· from the documentation we request and you provide;

· from third party people or organisations you permit us to contact, to obtain information and/or to verify your details; and

· from information about you that is publicly available, including court and tribunal reports and decisions.

Please note, depending on circumstances, we may choose not to collect information from all these sources.

7. How we hold personal information securely

In all circumstances the information is held by us on our secure systems. We take all reasonable steps to secure the integrity and confidentiality of your personal information and protect your information from misuse, loss, interference, unauthorised access, modification or unauthorised disclosure.

Hard copies are held in a locked and secure environment, with other security protection after business hours. Electronic copies are held in a secure environment, with the application of appropriate passwords and other computer and software security techniques.

8. How we use your personal information provided

Once you have ticked the "Consent" box, we are entitled to use your personal information as follows:

· to identify you as per the above;

· to check when the last time you used our service was, if at all;

· to process your information for the purposes of internal assessments or external assessments;

· to inform you of any Pivotal Talent or third party goods, services and/or products which we think you may be interested in (unless you have opted out);

· for third parties to inform you of any of their goods, services and/or products which they think you may be interested in (unless you have opted out);

· to transfer your information across borders, provided this is lawful; and

· for any purpose permitted by law.

9. What do we do with your personal information?

Once your information has been collected, we shall use information provided by you, or other legitimate sources, to confirm your identity, process your information and complete either the internal assessment or external assessment.

Use of our service and in particular ticking the "Consent" checkbox on our Website, indicates your acceptance and express consent that we may transfer or disclose your personal information to any other person or persons who are not directly related to the provision of our services to you but who process for a lawful purpose. You can opt out of this at any stage by contacting our Privacy Policy Manager.

Upon entering our site, you agree that one of the lawful purposes of the website is to collect data so that we can share your personal information with selected third parties to:

· display advertising and content which is customised and personalised to your information and any preferences or interests;

· allow our partners to contact you regarding offers and marketing materials/promotions based on your personal information provided. Such contact may include, but not be limited to phone, SMS and email; and

· use this information for any other purpose disclosed to you from time to time.

When you grant your consent for your data to be shared with a third party advertiser or publisher, unless we tell you to the contrary, that third party advertiser or publisher will have the right to use your personal information that we have given them to advertise or promote the product, good or service which has been disclosed to you at the time of collection.

We may use the information provided by you for research and profiling purposes, to conduct market research and to conduct academic research. You are advised that information may be shared with third parties such as academics and researchers. All information collected for research purposes will be kept strictly confidential and all data will be depersonalised. If we publish the results of this research, you will not be identified by name.

We may use your information for marketing purposes to inform you of goods, services and/or products from Pivotal Talent and/or related entities or third party entities, for goods, services and/or products which we consider of interest to you. At any point in time you are able to opt out of this by informing the Privacy Manager, whose contact details are set out in this policy. You may be informed about these goods, services and/or products through a range of communication methods, including telephone, SMS, email, social media, other electronic means and/or targeted advertising. Every group email that is sent to our database also contains an "unsubscribe" option.

You agree that we may transfer and/or store your personal information outside of the region or the country that it has been collected or used in.

10. Parties we share your information with

· We may, from time to time, share your personal information with third parties and any other organisations not within our organisation but only for a lawful purpose.

· We ensure protection of your personal information, by only entering into agreements with third parties that warrant that they have policies that comply with POPIA. Compliance with POPIA ensures the personal information we have disclosed is used only for the specific lawful purpose we have requested on your behalf.

11. What kinds of website visitor information we collect

We may aggregate and hold the information we collect to research and help us understand broad demographic trends, but before we use or hold such aggregated data we remove anything and everything that identifies you personally. This generic de-identified and aggregated information may be shared with third parties and in this event, we undertake to never share any of this information if it is personally identifiable without your prior consent. We take your privacy seriously and are committed to protecting it.

12. Access to your own personal information

You may access your personal information at any time by contacting the Privacy Compliance Manager, and you can update and/or correct your information at any time. We may request documentary evidence of the details being updated or corrected.

13. Jurisdiction

This Privacy Policy is governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise out of or in connection with the formation, interpretation, substance or application of this Privacy Policy.

14. How you may complain about our failure to comply with POPIA

There are 2 ways you may complain:

1. Verbally, or in writing, to our Privacy Manager.

complaints@pivotaltalent.co.uk

2. You can lodge a complaint to the Information Regulator in South Africa, in the form as may be prescribed by the Information Regulator from time to time.

There is no charge for lodging a complaint.

How we will deal with such a complaint

We will write to you acknowledging receipt of the complaint. After appropriate investigation, the Privacy Manager will write to you as soon as practicable after a decision has been reached, outlining the decision and the reasons for reaching it.

15. Acceptance and Changes to Privacy Policy

By ticking the box you acknowledge and agree that your use of the Website indicates your acceptance of this Privacy Policy as amended from time to time.

This is the current Privacy Policy. It replaces any other Privacy Policy published on the Website to date. Pivotal Talent may at any time vary the Privacy Policy by publishing the amended Privacy Policy on the Website. You accept that by doing this, Pivotal Talent has provided you with sufficient notice of the amendment. Your subsequent use of the Website constitutes acceptance of the amended Privacy Policy.

Pivotal Talent reserves any rights not expressly granted in this Privacy Policy.