Privacy & Terms Policy

Last modified: 01 February 2022

This End User Licence Agreement (“EULA”) is a legal agreement between you and All Employment Agency (Pty) Ltd. This EULA is applicable to both companies (employers) and job seekers (prospective employees).

This EULA governs your acquisition and use of the Mr Employ Platform from All Employment Agency (Pty) Ltd or indirectly through a All Employment Agency (Pty) Ltd authorised reseller or distributor.

Please read this EULA carefully before completing the installation process and using the Mr Employ Platform. This EULA provides a licence to use the Mr Employ Platform and contains warranty information and liability disclaimers. If you sign up for a free trial of the Mr Employ Platform, this EULA will also govern that trial. By downloading, installing, and/or using the Mr Employ Platform, you are confirming your acceptance of the Mr Employ Platform and agreeing to become bound by the terms of this EULA.

If you are entering into this EULA on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA, do not download, install, or use the Mr Employ Platform, and you must not accept this EULA.

This EULA shall apply only to the Mr Employ Platform supplied by All Employment Agency (Pty) Ltd herewith regardless of whether other software or application is referred to or described herein. The terms also apply to any All Employment Agency (Pty) Ltd updates, supplements, web services, and support services for the Mr Employ Platform, unless other terms accompany those items. If so, those terms apply.

2.1   Licence Grant

All Employment Agency (Pty) Ltd hereby grants you a personal, non-transferable, non-exclusive licence to use the Mr Employ Platform on your devices in accordance with the terms of this EULA.

You are permitted to access the Mr Employ Platform on an electronic device, e.g. a computer, laptop, smartphone, tablet, or other device, under your control. You are responsible for ensuring that your device meets the minimum requirements necessary to access the Mr Employ Platform.

You are not permitted to:

• edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Mr Employ Platform, nor permit the whole or any part of the Mr Employ Platform to be combined with or become incorporated in any other software or application, nor decompile, disassemble or reverse engineer the Mr Employ Platform or attempt to do any such things;
• reproduce, copy, distribute, resell or otherwise use the Mr Employ Platform for any commercial purpose;
• allow any third party to use the Mr Employ Platform on behalf of or for the benefit of any third party;
• use the Mr Employ Platform in any way which breaches any applicable local, national, or international law; and/or
• use the Mr Employ Platform for any purpose that All Employment Agency (Pty) Ltd considers is a breach of this EULA.

2.2 Consent to Use of Data

You agree that All Employment Agency (Pty) Ltd may collect and use technical data and related information – including but not limited to technical information about your device, system and application software, and peripherals – that are gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Mr Employ Platform. All Employment Agency (Pty) Ltd may use this information, as long as it is in a form that does not personally identify you, to improve its products and/or to provide services or technologies to you. Please refer to our Privacy policy for the terms governing use of collected data.

2.3 Intellectual Property and Ownership

All Employment Agency (Pty) Ltd shall at all times retain ownership of the Mr Employ Platform as originally accessed by you. The Mr Employ Platform, and the copyright, and other intellectual property rights of whatever nature in the Mr Employ Platform, including any modifications made thereto, are and shall remain the property of All Employment Agency (Pty) Ltd.

All Employment Agency (Pty) Ltd reserves the right to grant licences to use the Mr Employ Platform to third parties.

2.4 Termination

This EULA is effective from the date you first use the Mr Employ Platform and shall continue until terminated.

It will also terminate immediately if you fail to comply with any term of this EULA. Upon such termination, the licences granted by this EULA will immediately terminate and you agree to stop all access and use of the Mr Employ Platform. The provisions that by their nature continue and survive will survive any termination of this EULA.

2.5 Limitation of Liability

To the extent not prohibited by law, in no event shall All Employment Agency (Pty) Ltd be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Mr Employ Platform, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if All Employment Agency (Pty) Ltd has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

You may not use or otherwise export or re-export the Mr Employ Platform except as authorised by the laws of the jurisdiction in which the Mr Employ Platform was obtained.

2.6 Governing Law

This EULA and your use of the Mr Employ Platform are governed by and construed in accordance with the laws of the Republic of South Africa applicable to agreements made and to be entirely performed within the Republic of South Africa without regard to its conflict of law principles.

2.7 Contact Us

If you have any questions about our EULA, please contact us by emailing eula@mremploy.com or through any of the available contact channels listed anywhere on the Mr Employ Platform.

Last modified: 01 February 2022

These Terms of Service constitute a legally binding agreement made between you and All Employment Agency (Pty) Ltd, concerning your access to and use of the Mr Employ Platform. You agree that by accessing or making use of the Mr Employ Platform, you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of the terms of this agreement, then you are expressly prohibited from using the Mr Employ Platform and you must discontinue use immediately.

The information provided via the Mr Employ Platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Mr Employ Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Mr Employ Platform is not intended for users who are under the legal employment age in the country in which the Mr Employ Platform is being accessed. Persons under the legal employment age of the country in which the Mr Employ Platform is being accessed are not permitted to download, install, sign up for, or use the Mr Employ Platform.

The Mr Employ Platform is not intended for posting of job positions that are against the law to exist or to be promoted in the country in which these job positions are advertised, and/or in the country where the Mr Employ Platform is being accessed to create these job listings. Such actions are in violation of these Terms of Service.

3.1 Intellectual Property Rights

Unless otherwise indicated, the Mr Employ Platform is our proprietary property and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on the Mr Employ Platform (collectively, the “content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us. The content and the marks are provided on the Mr Employ Platform “as is” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Mr Employ Platform and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited, for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Mr Employ Platform, you are granted a limited licence to access and use the Mr Employ Platform. We reserve all rights not expressly granted to you in and to the Mr Employ Platform, the content, and the marks.

3.2 User Representations

By using the Mr Employ Platform, you represent and warrant that:

• all sign up information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such account information as necessary;
• you have the legal capacity and you agree to comply with these Terms of Service;
• you are not a minor in the jurisdiction in which you reside;
• you are of legal employment age in the jurisdiction in which you reside;
• you will not access the Mr Employ Platform through automated or non-human means, whether through a bot, script, or otherwise;
• you will not use the Mr Employ Platform for any illegal or unauthorised purpose; and
• your use of the Mr Employ Platform will not violate any applicable law or regulation.

3.3 Use Licence

We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Mr Employ Platform on electronic devices owned or controlled by you, and to access and use the Mr Employ Platform on such devices strictly in accordance with the terms and conditions of this Mr Employ Platform licence contained in these Terms of Service.

3.4 User Sign Up

You will be required to sign up with the Mr Employ Platform in order to interact with certain features and functionality. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select and/or provide if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

3.5 Prohibited Activities

You may not access or use the Mr Employ Platform for any purpose other than that for which we make the Mr Employ Platform available. The Mr Employ Platform may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Mr Employ Platform, you agree not to:

• systematically retrieve data or other content from the Mr Employ Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• make any unauthorised use of the Mr Employ Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;
• circumvent, disable, or otherwise interfere with security-related features of the Mr Employ Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Mr Employ Platform and/or the content contained therein;
• engage in unauthorised framing of or linking to the Mr Employ Platform;
• trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords;
• make improper use of our support services or submit false reports of abuse or misconduct;
• engage in any automated use of the system, or use any data mining, robots, or similar data gathering and extraction tools;
• interfere with, disrupt, or create an undue burden on the Mr Employ Platform or the networks or services connected to the Mr Employ Platform;
• attempt to impersonate another user or person or use the username of another user;
• sell or otherwise transfer your profile;
• use any information obtained from the Mr Employ Platform in order to harass, abuse, or harm another person;
• use the Mr Employ Platform as part of any effort to compete with us or otherwise use the Mr Employ Platform and/or the content for any revenue-generating endeavour or commercial enterprise;
• decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Mr Employ Platform;
• attempt to bypass any measures of the Mr Employ Platform designed to prevent or restrict access to the Mr Employ Platform, or any portion of the Mr Employ Platform;
• delete the copyright or other proprietary rights notice from any content;
• copy or adapt the Mr Employ Platform software or other code;
• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text or other content), that interferes with any party’s uninterrupted use and enjoyment of the Mr Employ Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Mr Employ Platform;
• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to any form of spyware or passive collection mechanisms;
• except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Mr Employ Platform, or use or launch any unauthorised script or other software;
• disparage, tarnish, or otherwise harm, in our opinion, us and/or the Mr Employ Platform;
• use the Mr Employ Platform in a manner inconsistent with any applicable laws or regulations;
• decompile, reverse engineer, disassemble, and/or attempt to derive the source code of, or decrypt the Mr Employ Platform;
• make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Mr Employ Platform;
• violate any applicable laws, rules, or regulations in connection with your access or use of the Mr Employ Platform;
• make the Mr Employ Platform available over a network or other environment permitting access or use by multiple devices or users at the same time; and
• use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Mr Employ Platform.

3.6 Guidelines for Reviews

We may provide you areas on the Mr Employ Platform to leave reviews or ratings. When posting a review, you must comply with the following criteria:

• you should have first-hand experience with the entity being reviewed;
• your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
• your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
• your reviews should not contain references to illegal activity;
• you should not be affiliated with competitors if posting negative reviews;
• you should not make any conclusions as to the legality of conduct;
• you may not post any false or misleading statements; and
• you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

3.7 Supported Software

Please refer to our Platform service level for the software platforms currently supported by the Mr Employ Platform.

3.8 Social Media

As part of the functionality of the Mr Employ Platform, you may be provided with the functionality to link your account with online accounts you have with third-party service providers (each such account, a “third-party account”) by either:

• providing your third-party account login information through the Mr Employ Platform; or
• allowing us to access your third-party account, as is permitted under the applicable terms and conditions that govern your use of each third-party account.

You represent and warrant that you are entitled to disclose your third-party account login information to us and/or grant us access to your third-party account, without breach by you of any of the terms and conditions that govern your use of the applicable third-party account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the third-party account. By granting us access to any third-party accounts, you understand that:

• we may access, make available, and store (if applicable) any content that you have provided to and stored in your third-party account (the “social network content”) so that it is available on and through the Mr Employ Platform via your account, including without limitation any friend lists; and
• we may submit to and receive from your third-party account additional information to the extent you are notified when you link your account with the third-party account.

Depending on the third-party accounts you choose and subject to the privacy settings that you have set in such third-party accounts, personally identifiable information that you post to your third-party accounts may be available on and through your account on the Mr Employ Platform.

Please note that if a third-party account or associated service becomes unavailable, or our access to such third-party account is terminated by the third-party service provider, then that social network content may no longer be available on and through the Mr Employ Platform. You will have the ability to disable the connection between your account on the Mr Employ Platform and your third-party accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any social network content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any social network content. You acknowledge and agree that we may access your email address book associated with a third-party account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Mr Employ Platform. You can deactivate the connection between the Mr Employ Platform and your third-party account through your account settings. We will attempt to delete any information stored on our servers that was obtained through such third-party account, except the username and profile picture that become associated with your account.

3.9 Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Mr Employ Platform (“submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.

3.10 Third-Party Websites, Applications, Content, and Services

The Mr Employ Platform makes use of third-party suppliers to offer content and services through the Mr Employ Platform. The Mr Employ Platform may contain (or you may be sent via the Mr Employ Platform) links to other websites, applications, content, and services (“third-party applications”) for the use of their services as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“third-party services and content”). Such third-party applications and third-party services and content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any third-party applications accessed through the Mr Employ Platform, third-party services purchased through the Mr Employ Platform, or any third-party content posted on, available through, or installed from the Mr Employ Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-party applications or the third-party content or services. Inclusion of, linking to, or permitting the use or installation of any third-party applications or any third-party content does not imply approval or endorsement thereof by us. If you decide to leave the Mr Employ Platform and access the third-party applications, make use of their services, or to use or install any third-party content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. Any purchases you make through third-party applications will be through other applications and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on third-party applications and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content, services or any contact with third-party applications.

We advise you to review the applicable terms and policies, including privacy and data gathering practices, of any application to which you navigate from the Mr Employ Platform or relating to any applications you use or install from the Mr Employ Platform. If you book a service with a third-party supplier through the Mr Employ Platform, then in addition to this agreement, you agree to review and be bound by the third-party supplier’s terms and conditions of purchase, privacy policy, and any other rules or policies related to the third-party supplier’s application or website or service. Your interactions with third-party suppliers are at your own risk. We will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, damage or other damages or expenses resulting from your interactions with third-party suppliers.

Please refer to our Platform service level  to view the third-party websites, applications, content, and services affiliated with the Mr Employ Platform.

3.10.1 External Links

We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in these terms, unless:

• retention of the record is required or authorised by law; and/or
• you have consented to the retention of the record.

During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information. Please refer to our Privacy policy to view the policies regarding the collection, use, and disclosure of your personal data.

3.11 Mr Employ Platform Management

We reserve the right, but not the obligation, to:

• monitor the Mr Employ Platform for violations of these Terms of Service;
• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities;
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
• in our sole discretion and without limitation, notice, or liability, remove from the Mr Employ Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
• otherwise manage the Mr Employ Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Mr Employ Platform.

3.12 Term and Termination

These Terms of Service shall remain in full force and effect while you use the Mr Employ Platform. Without limiting any other provision of these terms of service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Mr Employ Platform to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of service or of any applicable law or regulation. We may terminate your use or participation in the Mr Employ Platform or delete your account and any content or information that you generated and/or posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

3.13 Modifications and Interruptions  

We reserve the right to change, modify, or remove the service or contents of the Mr Employ Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Mr Employ Platform. We also reserve the right to modify or discontinue all or part of the Mr Employ Platform without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Mr Employ Platform.  

We cannot guarantee the Mr Employ Platform will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Mr Employ Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Mr Employ Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Mr Employ Platform during any downtime or discontinuance of the Mr Employ Platform. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Mr Employ Platform or to supply any corrections, updates, or releases in connection therewith.

3.14 Dispute Resolution

3.14.1 Binding Arbitration

The laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms of Service (“claim”), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the Republic of South Africa, that you submit to the jurisdiction of these courts for the purpose of litigating any such claim, and that the laws of the Republic of South Africa will govern these Terms of Service and any claim, without regard to conflict of law provisions.

If the parties are unable to resolve a dispute through informal negotiations, within 14 days of either party declaring a dispute in writing, the dispute will be finally and exclusively resolved by binding arbitration instituted in the high court of the Republic of South Africa.

3.14.2 Jurisdiction Restrictions

The Mr Employ Platform is operated by All Employment Agency (Pty) Ltd from our offices within the Republic of South Africa.

Your use of the Mr Employ Platform and these Terms of Service shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. You consent to the jurisdiction of the courts of the Republic of South Africa in respect of all proceedings arising from these Terms of Service.

3.15 Disclaimers and Warranties

Use of the Mr Employ Platform is at your own risk and you assume full responsibility for any risk or loss resulting from use of the Mr Employ Platform.

We make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Mr Employ Platform or as to the accuracy, completeness or reliability of any information on the Mr Employ Platform or related third parties. We assume no liability or responsibility for any damage, loss, or liability, whether direct, indirect, or consequential in nature, arising out of or in connection with your access to or use of the Mr Employ Platform and/or any content therein, or services of external third parties.

We make no warranties or representations about the accuracy or completeness of the Mr Employ Platform content, or the content of any websites or applications linked to the Mr Employ Platform, and we will assume no liability or responsibility for any:

• errors, mistakes, or inaccuracies of content and materials;
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Mr Employ Platform;
• unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
• interruption or cessation of transmission to or from the Mr Employ Platform;
• any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Mr Employ Platform by any third party;
• errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Mr Employ Platform; and
• changes to the information presented, including but not limited to advertised dates, times, locations, descriptions, or availability.

We do not warrant, endorse, guarantee, or assume responsibility for any third party or user content advertised or offered by a third party through the Mr Employ Platform, any hyperlinked website, application, or mobile website featured in any banner or other advertising, and we will not be a party to, or in any way be responsible for, monitoring any transaction between you and any third-party providers of products or services.

3.16 Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

• use of the Mr Employ Platform;
• breach of these Terms of Service;
• any breach of your representations and warranties set forth in these Terms of Service;
• your violation of the rights of a third party, including but not limited to intellectual property rights; and
• any overt harmful act toward any other user of the Mr Employ Platform with whom you connected via the Mr Employ Platform.

Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

3.17 User Data

We will maintain certain data that you transmit to the Mr Employ Platform for the purpose of managing the performance of the Mr Employ Platform, as well as data relating to your use of the Mr Employ Platform. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Mr Employ Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. Please refer to our Privacy policy for the terms governing treatment of collected user data.

3.18 Electronic Communications, Transactions, and Signatures

Visiting the Mr Employ Platform, sending us emails, and completing online forms constitute electronic communications. Should you consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and the Mr Employ Platform, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Mr Employ Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

3.19 Corrections

There may be information on the Mr Employ Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update the information on the Mr Employ Platform at any time, without prior notice.

3.20 Miscellaneous

These Terms of Service and any other policies posted by us on the Mr Employ Platform or in respect to the Mr Employ Platform constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Mr Employ Platform. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.

3.21 Contact Us

If you have any questions about our Terms of Service, please contact us by emailing terms@mremploy.com or through any of the available contact channels listed on the Mr Employ Platform.

Last modified: 01 February 2022

Protecting your privacy is important to us. This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of your personal data when you use the Mr Employ Platform and the choices you have associated with that data.

By using the Mr Employ Platform you agree to the collection and use of information subject to this policy. The personal information collected is used for providing and improving our service. We will not use or share your information with anyone except as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not continue to access the Mr Employ Platform.

We do not knowingly accept, request, or solicit information from children, or knowingly market to children, or any individual under the legal employment age in their applicable geographical region. Therefore, if we receive information that anyone under the legal employment age in the country the Mr Employ Platform is being accessed has provided personal information to us, we will delete that information from the Mr Employ Platform as quickly as is reasonably practical.

4.1 Data Collection and Use

To optimise and facilitate your Mr Employ Platform experience, we may require you to provide us with certain personally identifiable information, including but not limited to your first name, last name, physical address, geographical location, gender, date of birth, mobile number, and email address. The information that we request will be retained by us and used as described in this Privacy Policy.

The Mr Employ Platform may make use of third-party services that may collect information used to identify you and track your activity in order to provide you with the best possible service (please refer to our Platform service level to view the third-party services currently affiliated with the Mr Employ Platform). The following data types refer.

4.1. Log Data

In the case of an error in the Mr Employ Platform we may collect data and information (through third-party products) on your mobile device called log data. This log data may include information such as your device internet protocol (“IP”) address, device name, operating system version, the configuration of the Mr Employ Platform when utilising the Mr Employ Platform, the time and date of your use, and other statistics.

4.1.2 Financial Data

Standard financial information, such as data related to your payment method (e.g. valid credit card number, card brand, and expiration date) is collected when you purchase, subscribe, return, upgrade, downgrade, request refund, or request information about our services from the Mr Employ Platform. Additional financial information is stored by our payment service providers, where applicable, and you are encouraged to review their privacy policy and contact them directly for responses to your questions. Please refer to our Platform service level to view the payment service providers affiliated with the Mr Employ Platform in your geographical region.

4.1.3 Data from Social Networks

We may receive user information from social networking sites (e.g. Facebook, Google, Instagram, and others) including your name, your social network username, location, gender, date of birth, email address, profile picture, and public data for contacts, if you connect your account to such social networks. This information may also include the contact information of anyone you invite to use and/or join the Mr Employ Platform.

4.1.4 Geolocation Information

We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Mr Employ Platform, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.

4.1.5 Mobile Device Access

We may request access or permission to certain features from your mobile device, including your mobile device calendar, camera, contacts, microphone, reminders, sensors, social media accounts, storage, and other features. If you wish to change our access or permissions, you may do so in your mobile device settings.

4.1.6 Mobile Device Data

We may store device information such as your mobile device identification number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.

4.1.7 Push Notifications

We may request to send you push notifications regarding your account or the Mr Employ Platform. If you wish to opt out of receiving these types of communications, you may turn these notifications off.

4.1.8 Third-Party Data

Information may be gathered from third parties, such as personal information, if you connect your account to the third party and grant the Mr Employ Platform permission to access this information.

4.1.9 Data from Competition Entries and Surveys

Personal and other information you may provide when entering competitions and/or responding to surveys through the Mr Employ Platform may be stored.

4.2 Data Transfer

Your information, including personal data, may be transferred to, and maintained on, computers located outside of your state, province, country, or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside of the Republic of South Africa and choose to provide information to us, please note that we may transfer the data, including personal data, to South Africa and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal data will take place to an organisation or a country unless there are adequate controls in place including the security of your data and other personal information.

4.3 Data Disclosure

All Employment Agency (Pty) Ltd may disclose your personal data in the good faith that such action is necessary to:

• comply with a legal obligation;
• protect and defend the rights or property of All Employment Agency (Pty) Ltd;
• prevent or investigate possible wrongdoing in connection with the service;
• protect the personal safety of users or the public; or
• protect against legal liability.

4.4 Security

We establish, maintain, and regularly verify and review security measures implemented on the Mr Employ Platform to protect against unauthorised access to or unauthorised alteration, disclosure, or destruction of user data and information.

The Mr Employ Platform integrates with third-party applications and websites where applicable.  These external applications and websites are not operated via the Mr Employ Platform and you are advised to review the privacy policies of these third parties. Please refer to our Platform service level to view these third parties and their respective privacy policies.

4.5 Options Regarding your Information

4.5.1 Account Information

You may at any time review or change the information in your account or terminate your account by signing in to your account and updating your account information and/or settings, or deactivating your account.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Service, and/or comply with legal requirements.

4.5.2 Emails and Communications

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt out by:

• noting your preferences at the time you create your account with the Mr Employ Platform; or
• updating your preferences in your Mr Employ Platform account and/or profile settings.

If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly and following their opt-out process.

Important account notices and transactional notifications will still be sent to you as and when required as long as your Mr Employ account profile remains active.

4.6 Sharing your Information

We may share your personal information with:

• other divisions or companies within the group of companies to which All Employment Agency (Pty) Ltd belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have opted in to receiving such communications);
• an affiliate, in which case we will seek to require the affiliate to honour this Privacy Policy;
• our goods suppliers or service providers under contract who help supply certain goods or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these goods suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their own benefit);
• credit bureaus to report account information, as permitted by law; and
• banking partners as required by credit card association.

4.7 Cookies

A cookie is a small file containing a string of characters that is sent to your computer when you visit a website (“site”). When you visit the site again, the cookie allows that site to recognise your browser. Cookies may store user preferences and other information. You can configure your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

The Mr Employ Platform, and various affiliated third-party services, use cookies to collect your information and improve our services. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your device. If you choose to refuse cookies, you may not be able to use some portions of the service.

4.8 Service Providers

We may employ third-party companies and individuals to:

• facilitate our service;
• provide the service on our behalf;
• perform service-related services; and
• assist us in analysing how our service is used.

These third parties may have access to your personal information in order to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose. Please refer to our Platform service level to view a list of these providers and their respective privacy policies.

4.9 Privacy Policy Changes

We may update this Privacy Policy from time to time. You are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “last modified” date at the beginning of this policy. We may also notify you via email, SMS, or application notification of these changes. These changes are effective immediately after they are posted on this page.

4.10 Contact Us

If you have any questions about our Privacy Policy, please contact us by emailing privacy@mremploy.com or through any of the available contact channels listed on the Mr Employ Platform.

Last modified: 14 February 2022

A digital platform is the environment in which a piece of software is executed – whether hardware, operating system, software, web browser, or other application programming interface. The Mr Employ Platform supports, utilises, and integrates with third-party services to deliver the Mr Employ Platform functionality, ecosystem, and experience. The current third-party services in use and supported environments are described and listed in this section.

5.1 Supported Platforms

The Mr Employ Platform aims to provide support for all technical platforms still in contemporary use by its users. Below we list the supported platform categories relevant to the Mr Employ Platform.

5.1.1 Web Browsers

The Mr Employ Platform currently supports the following mobile and desktop web and mobile browsers and versions.

• Google Chrome
• Mozilla Firefox
• Safari
• Microsoft Edge version 79.0 and higher
• iOS 11.0 and higher
• Android 5.0 and higher

5.2 Payment Service Providers

The Mr Employ Platform utilises payment service providers to facilitate the secure processing of user payments. We will update this section with particulars of each payment service provider and their respective privacy policies and/or terms and conditions  as they are added to the Mr Employ Platform.

5.3 External Services

The Mr Employ Platform currently utilises the following external services via third-party websites, and/or applications to offer services and/or content via the Mr Employ Platform. Links are given to the privacy policies and/or terms and conditions of these respective third parties below.

• Google privacy & terms of service: https://policies.google.com/terms 
• Facebook terms of use: https://www.facebook.com/terms.php 
• Instagram terms of use: https://help.instagram.com/581066165581870 
• YouTube terms of service: https://www.youtube.com/static?template=terms 
• LinkedIn user agreement: https://www.linkedin.com/legal/user-agreement 
• Odyssey Talent Management privacy and processing policy: https://www.evalex.com/docs/evalex-privacy-policy.pdf 
• Yenza terms and privacy policy: https://yenza.me/terms and https://yenza.me/privacy 

5.4 Contact Us

If you have any questions about our Platform Service Level, please contact us by emailing platform@mremploy.com or through any of the available contact channels listed on the Mr Employ Platform.