CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPI)
Who we are and what we do: Virtual resources – real solutions to real problems
We appreciate that most companies have tight constraints on appointing people on payroll.
Enshrine Virtual Resources (EVR) (the data controller) offers a growing portfolio of specialised services that can be provided very professionally. Here, we target that knowledge work that many companies would rather outsource than appoint people on payroll for. Similarly, by offering access to a variety of expertise that is only occasionally required by companies, our clients will not need to appoint people permanently to satisfy that particular need. EVR Offerings
We are particularly excited by our SuperSub offering – and by the positive response that it has elicited from those clients who have been introduced to the idea. This offering is made possible by the tremendous wealth of experience and talent that we have in those Resources who are of an age that makes them no longer sought after for on-payroll appointment.
- SuperSubs are seasoned senior professionals who fill temporary gaps in a client’s structure. The client should have little doubt about their performance, because they will be over-qualified for the roles that they fill.
- They will also be available to pilot new positions and then mentor newly appointed young professionals with the right qualifications to competently take on positions that carry substantial responsibilities.
- Masters of their domains will be available as mentors to many.
- EVR will also assist companies that have an unpredictable, fluctuating workload by making versatile, experienced Resources available on standby.
We are working on a catalogue that will showcase our ever-growing portfolio of specialised services and expertise. The catalogue will also display the range of roles that our SuperSubs can play within the clients’ organisations in various industries. While some of these roles may sound like position titles, our SuperSubs will be focussed on their particular experience-based contributions rather than on titles or status – they will have been there, done that, got the proverbial gold watch.
EVR will enter into back-to-back contracts with the clients and Resources. By contracting EVR to provide a consultancy service, the client will avoid having many temps on contract. And because EVR and their selected Resources all value the EVR brand as a shared asset, the client is sure to receive very good value.
Enshrine Virtual Resources 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.
Enshrine Virtual Resources 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, (Prospective) Resources 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:
- sufficiently inform candidates/applicants/work-seekers (data subjects), hereafter referred to as (Prospective) Resources, the purpose for which we will process their personal information, and
- 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.
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.
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.
Any breach/es of this policy may result in disciplinary action and possible termination of employment.
For (Prospective) Resources:
By submitting your information and application you hereby confirm:
- That you have read and understood our POPI Policy;
- That you have no objection to us retaining your personal information in our database for future matching;
- Should suitable opportunities arise we will contact you and request your consent to submit your CV to a specific client for a specific purpose;
- That the information you have provided to us is true, correct and up to date.
If you have any additional questions about Enshrine Virtual Resources’ collection and storage of data, please contact us at:
T: +27 (0) 10 597 0862
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 Virtual Resources 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.
Principle 1: Accountability
We must take reasonable steps to ensure that personal information obtained from (Prospective) Resources 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 (Prospective) Resource representation.
Enshrine Virtual Resources 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 Virtual Resources
- 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 expertise you offer and the role/s you intend to play as an EVR Resource. 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:
- EVR introduces (Prospective) Resources to clients for temporary, non-payroll work or independent professional contracts. The exchange of personal data of our (Prospective) Resources and our client contacts is a fundamental, essential part of this process.
- In order to support our (Prospective) Resources’ aspirations and our clients’ resourcing needs we require a database of (Prospective) Resources 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) Resources 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 Virtual Resources assisting/providing its services to you.
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 Virtual Resources by the telecommunications operator as a standard part of that communication.
Principle 2: Processing limitation
We will collect personal information directly from (Prospective) Resources.
Once in our possession we will only process or release a Resource’s information with their consent, except where we are required to do so by law. In the latter case we will always inform the Resource.
Principle 3: Specific purpose
We collect personal information from (Prospective) Resources for the sole purpose of non-payroll placements and to enable us to represent them to our clients. More specifically, to enable Enshrine Virtual Resources to:
- find you a contract position and to this end, make your information available for searching and matching to non-payroll opportunities across Enshrine Virtual Resources with the intention of presenting you as a match to the client companies of Enshrine Virtual Resources;
- 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 an EVR Resource to client companies or employ you as staff within our own environment;
- notify you of Enshrine Virtual Resources’ 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 matching operations, as well as ensuring timeous and accurate payroll functions and/ or the proper administration thereof where applicable.
As a business which includes the supply of non-payroll 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 Virtual Resources processing your personal information for legitimate and business-related purposes.
- 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 Virtual Resources 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 (Prospective) Resources’ information is complete, up to date and accurate before we use it. This means that it may be necessary to request (Prospective) Resources, from time to time, to update their information and confirm that it is still relevant. If we are unable to reach a (Prospective) Resources 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 (Prospective) Resources (e.g. social media portals) we are responsible for ensuring that the (Prospective) Resources is aware:
- that their information is being collected;
- who is collecting their information by giving them our details; and
- of the specific reason that their information in being collected.
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 (Prospective) Resources’ consent and only by authorised employees of our organisation.
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 Virtual Resources’ 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 Virtual Resources 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 onto our database, unless requested to do so.
You may choose to restrict the collection or use of your personal information in the following ways:
- If you have previously agreed to Enshrine Virtual Resources using and or storing your personal information you may change your mind at any time by writing to or emailing us at:
- Enshrine Virtual Resources, 193 Maple Road, Kyalami, Midrand, 1684
Under the GDPR and Enshrine Virtual Resources 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
(Prospective) Resources 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 Virtual Resources will always use its best endeavours to ensure that your personal information is reliable, it remains your responsibility to advise Enshrine Virtual Resources of any changes to your personal information, as and when these may occur.
Consent to Direct Marketing, Advertising and Promotional activities
Enshrine Virtual Resources
- 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 Virtual Resources for the purposes of matching 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 Virtual Resources of any changes to my personal information should any of these details change.
I furthermore give Enshrine Virtual Resources 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.