Terms and Conditions
POPIA Consent and Disclaimer
By using the Direct Hire platform you give Ampath express consent and permission to process any of your personal information and/or special personal information as defined in the Protection of Personal Information Act 4 of 2013 (“POPIA”) and the regulations issued in relation to POPIA, or any legislation which may amend and/or supersede POPIA from time to time, for the purposes of and in relation to the Direct Hire, as set out more fully below.
For purposes of this consent, “processing” refers to processing as defined in POPIA and includes, but is not limited to, collecting, receiving, recording, organising, collating, storing, updating, retrieving, altering, using, disseminating, distributing, merging, linking, blocking, degrading, erasing or destroying of any personal information. In particular, processing refers to the collection and storage of your personal information and/or special personal information in Direct Hire in jurisdictions other than South Africa.
You similarly consent to the processing, analysing and assessment of your personal information by Ampath, and any company which is a subsidiary of Ampath, any company which is a holding company of Ampath, any company which is a subsidiary of or is controlled by such holding company, any division of such holding company and/or any joint venture company of which Ampath or such holding company is a shareholder, and/or by any other third party, whether based in South Africa or in other jurisdictions (“Permitted Companies/Entities”). Any personal information will only be used by such Permitted Companies/Entities in accordance with the instructions of Ampath.
Where it may be deemed necessary or reasonable by Ampath to further process your personal information and/or special personal information or transfer such information to another of the Permitted Companies/Entities or another entity/company associated with Ampath, situated within or outside South Africa, you consent to such further processing and to the transfer of this information to that entity/company.
You warrant that any and all personal information provided by you to Ampath shall at all times be true and correct and that the provision of inaccurate and/or misleading personal information shall constitute serious misconduct, subject to appropriate disciplinary action, including potential dismissal. You further warrant that the consent in this consent form is provided by you freely and voluntarily.
Data Subject Rights Under POPIA
You acknowledge that, in accordance with the Protection of Personal Information Act 4 of 2013 (“POPIA”), you have the following rights in relation to your personal information and/or special personal information processed by Ampath and/or any Permitted Companies/Entities:
1. Right of Access: You have the right to request confirmation as to whether Ampath holds personal information about you and to request access to such information.
2. Right to Correction or Deletion: You may request that Ampath correct or delete personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or unlawfully obtained.
3. Right to Object to Processing: You may object, on reasonable grounds, to the processing of your personal information, unless legislation provides for such processing.
4. Right to Withdraw Consent: You may withdraw your consent to the processing of your personal information at any time, subject to legal or contractual restrictions and reasonable notice.
5. Right to Lodge a Complaint: You have the right to lodge a complaint with the Information Regulator if you believe that your personal information has been unlawfully processed or that your rights under POPIA have been infringed.
6. Right to be Notified: You have the right to be notified if your personal information has been accessed or acquired by an unauthorized person.
These rights may be exercised by submitting a written request to Ampath’s designated Information Officer, whose contact details are available in Ampath’s Privacy Policy.
Data Retention
Your personal information will be retained only for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws or contractual obligations. Depending on the status of your application, your data will be retained for a period of 12 to 18 months. Once the retention period has expired, your data will be securely deleted or de-identified in a manner that prevents reconstruction in an intelligible form.
If your data has been used to make a decision about you (e.g., job placement), we will retain it for a reasonable period to allow you to request access to that information. You may also request earlier deletion or restriction of processing, subject to legal and operational considerations.
Security Measures
We implement appropriate technical and organizational measures to safeguard your data against unauthorized access, loss, or misuse.
By continuing to use this platform, you confirm that you understand and accept the terms of this disclaimer.
11. Consent
These Terms and Conditions contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these Terms and Conditions.
It is therefore important that you familiarise yourself with these provisions before you access the sites and that you not access the sites if you do not agree to abide by those provisions.
By visiting our clients’ mcidirecthire.com website, you also consent to us using your personal information as set out in our Privacy Policy.
Direct Hire respects and values the security and privacy of your personal information and follows security procedures when storing and disclosing your personal information to prevent unauthorised access to such information. You agree that we may collect, store and use certain personal information about you in accordance with our Privacy Policy.