Terms and Conditions
DEFINITIONS IN TERMS OF BELOW CONSENT
- “Candidate” means the person completing this document to be considered by the Company for purposes of employment/ continuation of employment; “Company” refers to MIE Client;
- “Consumer Credit Information” shall have the meaning ascribed to it in section 70 of the NCA; “FAIS Act” shall mean the Financial Advisory and Intermediary Services Act of 2002;
- “FSB” refers to the Financial Services Board;
- “NCA” shall mean the National Credit Act, No 34 of 2005, as amended from time to time, including any regulations made under the Act;
- “Personal Information” shall have the meaning ascribed to it in Chapter 1 of POPI and includes, but is not limited to a name, address, email address, telephone or fax number, fingerprints, criminal history and education or other personal credentials provided, or which is collected from the candidate or other third parties, before and/or during the background screening process and/or thereafter;
- “POPI” shall mean the Protection of Personal Information Act, No 4 of 2013, as amended from time to time, including any regulations made under the Act; “Privacy and Data Protection Conditions” refers to the 8 (eight) statutory prescribed conditions for the lawful Processing of Personal Information; “Responsible Parties” have meaning to the Company and MIE together, and “Responsible Party” any one of them;
- “Verification Information Suppliers” shall mean third parties acting on behalf of MIE, including, but not limited to, criminal record bureaus, credit bureaus, governmental bodies, and any educational, training, and fraud prevention organisations;
CONSENT FOR THE USE OF PERSONAL INFORMATION
- I hereby authorize the Company’s duly authorized verification agent, Managed Integrity Evaluation (Pty) Ltd (“MIE”), to access my Personal Information and conduct background screening checks including, but not limited to, credit, qualifications, employment references, criminal record, fraud prevention, ID verification, drivers’ licence and all social media accounts linked/associated/known to me of which I am a user/member of.
- I consent to requests for consumer credit information to be released for the below prescribed purposes only:
- For employment in a position of trust and honesty and entails the handling of cash or finances;
- Fraud prevention or detection.
- I understand that verification requests form part of the background screening process and:
- That requests for credit information from Credit Bureaus will only be conducted under the regulations defined as per the NCA;
- Data obtained from the FSB serve only for the purpose to determine the fitness and propriety as envisaged in the FAIS Act.
- I acknowledge that any Personal Information supplied to the Company is provided voluntarily and that the Company may not be able to comply with its obligations if the correct Personal Information is not supplied to the Company.
- I understand that privacy is important to the Responsible Parties and the Responsible Parties will use reasonable efforts in order to ensure that any Personal Information in their possession or processed on their behalf is kept confidential, stored in a secure manner and processed in terms of South African law and or applicable Data Protection Legislation, for the purposes I have authorised.
- I warrant that all information, including Personal Information, supplied to the Company is accurate and current and agree to correct and update such information when necessary.
- By submitting any Personal Information to the Company in any form I acknowledge that such conduct constitutes a reasonable unconditional, specific and voluntary consent to the processing of such Personal Information in the following manner by the Company and/or verification information suppliers:
- Personal Information may be shared by the Company with MIE and may be further shared by MIE with the Verification Information Suppliers for verification or other legitimate purposes;
- Personal Information may be shared by the Verification Information Suppliers with MIE and be further stored and shared by MIE with the Company and MIE’s other clients for purposes of continued or future employment or for other legitimate purposes as per the NCA;
- Personal Information may be stored for a reasonable period by the Company, MIE and/or the Verification Information Suppliers, and
- Personal Information may be transferred cross-border to countries, which do not necessarily have data-protection laws similar to South Africa, for verification or storage purposes. In any cross-border transfer of personal information the recipient will be notified of the need to protect the confidentiality of the personal information.
- I take note that if the Responsible Party has utilised the Personal Information contrary to the Privacy and Data Protection Conditions, I may first resolve any concerns with that Responsible Party. If I am not satisfied with such process, I have the right to lodge a complaint with the Information Regulator.
- A copy of Personal Information kept by the Responsible Parties will be furnished to me upon request in terms of the provisions of POPI or the NCA and I understand that I may dispute any information in the record provided.
- I unconditionally agree to indemnify the Responsible Parties, and Verification Information Suppliers, acting in good faith in taking reasonable steps to process my personal information lawfully, against any liability that may result from the processing of my personal information. This includes unintentional disclosures of such personal information to, or access by unauthorized persons, and/or any reliance which may inadvertently be placed on inaccurate, misleading, or outdated personal information, provided to the Company by myself or by a third party in respect of me.
- In authorizing the search/s referred to above, I confirm that I have / have not been forced/ coerced into signing and supplying the above information.