1. General Terms & Conditions
We pride ourselves on working fast and efficiently, but please remember that we work with many families. Please allow a 3 -day grace period for us to attend to your profile.
- The agency operates only as an intermediary between clients and candidates. After the engagement, the candidate is under the client’s supervision, control, and responsibility. Candidates are not employed by the agency either directly or indirectly. The agency cannot be responsible to the client or any other person for any damage, loss, or expense incurred, directly or indirectly, because of the negligence or shortcomings of any candidate employed by the client while the candidate is performing duties or while traveling in a car with the children.
- The client is legally obligated to have a written employment contract with the candidate. While the agency will make every effort to ensure the candidate is suitable, it is ultimately the client’s responsibility to verify this before extending a job offer. The final decision to hire the candidate rests with the client.
- The agency will endeavor to fill positions as soon as reasonably possible. It will notify the client should there be a delay in processing and finalizing a candidate’s placement due to other placements in progress. Should an “active” candidate not be placed during the placement process, the candidate will become available for placement with another client.
- All correspondence and records shall be confidential and remain the agency’s property. Information supplied by the agency is confidential and is accepted by the client on the condition that such information will not be disclosed to third parties.
- Should the client pass on an introduction to a third party that results in the candidate being engaged by that third party, the client will be responsible for payment of the agency fees as if the candidate had been engaged by the client. This amount will be payable immediately.
- The agency will submit profiles of prospective candidates it considers suitable for the client’s requirements to the client for consideration. The client must notify the agency which prospective candidate(s) they wish to interview. The interview will be organized between the client and the candidate.
- Since the agency deals with multiple clients, it cannot guarantee that a candidate will remain available for any period in the process. It is really important to act swiftly when you identify a prospect that you are interested in.
- The agency cannot be held responsible for early termination by either party.
- The agency reserves the right to change or add to the terms and conditions without prior notification; however, all changes will be posted on this website. It is the client’s responsibility to check these terms and conditions in case there are any changes. Continuing to use the site and our services after a change has been made signifies the client’s acceptance of the changes.
- As a courtesy, we would like to ask that you pay each candidate R70-100 per interview for their travel costs. We understand that it is not actually your or our problem, but most of these ladies are unemployed and cannot afford to pay travel costs. You can pay this in cash to the lady after the interview.
2. Definitions
- “Caregiver” means a family member or paid helper who regularly looks after a child or a sick, elderly, or disabled person.
- “Full day” means a booking of 8-9 hours (which includes a 1-hour break). “Half a day” will mean 4 hours and does not include a break.
- “Full-time” means a nanny who works an average of 45 hours a week or, alternatively, 5 days a week, 8 hours a day.
- “Nanny” or “nannies” means someone who is predominantly responsible for child minding (i.e., looking after children) but may include someone who also performs ad hoc cleaning tasks as the need arises.
- “Domestic nannies” are domestic workers first and foremost ‒ but are willing and able to take care of the client’s child on occasion. They are not considered to be professional childminders, and their focus remains on household chores. They are still, however, required to be qualified as a childminder.
- “Domestic worker” refers to an individual who is compensated to assist with cleaning and other basic tasks in a client’s residence.
- “Permanent” means a nanny who has been given a permanent employment agreement to sign or someone who has worked for the client for over 3 months. The number of hours a nanny works does not affect their permanent status.
- “A temporary placement” means any placement whereby the candidate is employed by the client for between 1 day and 4 months and not more than 4 months or 120 days.
- A temporary placement can be requested via two means: either by contacting the agency directly via email, telephone, etc., or online via the booking process.
- “Permanent placement fee” is the fee payable to the agency when it assists the client with a permanent placement.
- “Temporary placement fee” is the fee payable to the agency when it assists the client with a temporary placement.
- “The parties” means the person/employer registered with the agency as a client to find a suitable candidate and the candidate who will serve as the employer/client’s employee.
3. Replacements
- Should the client cancel the contract before the start date for whatever reason, once the placement has been confirmed and the candidate has accepted the position, the client will not be refunded the placement fee amount already paid to cover work carried out by the agency.
- Should the candidate cancel the contract prior to the start date for any reason, the agency will endeavor to arrange a replacement and propose a suitable alternative candidate.
- The agency guarantee extends for 30 to 90 days (depending on the client’s chosen package) from the start date. If, during this period, a candidate decides to leave the family/client, the agency undertakes to replace the candidate free of charge, provided that the placement fee was paid in full within 48 hours of the date of the initial invoice and prior to the candidate’s start of employment. Any refund offered by the agency will be on a candidate-replacement basis only, not a refund of fees paid.
- Should the agency not be allowed to replace a candidate and the client make alternative arrangements through another source, this guarantee will be regarded as wholly void, and no fees will be credited.
- A refund will also not be given if the client no longer wishes to hire a candidate.
- The client must inform the agency immediately if they wish to employ a candidate.
- If the candidate terminates their employment contract with the client at any time because the client has breached the terms contained in the employment contract between the client and the candidate or has violated corresponding labor and civil/federal laws (including but not limited to, violence against children, violence against the candidate, insulting or threatening the candidate), or has provided a hazardous work environment, the agency will not be held responsible for the acts or omissions of the candidate. It will not give the client a replacement candidate.
Please note that the agency guarantee specifically excludes:
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- Retrenchment
- Unfair dismissal
- Illness and death
- Breach of employment contract by the employer.
The agency will offer replacements only if the following conditions have been satisfied:
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- The client has paid the placement fee in full within 48 hours of the invoice date and before the candidate’s start of employment.
- The candidate has not canceled the employment due to unreasonable requirements or incorrect/unacceptable behavior by the client.
- The client has not changed the employment conditions, such as working hours, employment location, and duties, as initially agreed by the candidate and the client in the contract.
- The candidate’s working conditions, including adequate and sanitary living conditions in live-in positions and/or the way the client treated the candidate, were satisfactory. The agency’s decision will be final in this respect.
- The client was not physically or verbally aggressive towards the candidate or the agency’s representative.
- The client paid the candidate for all hours worked, in accordance with the agreed-upon salary under the contract.
- Please note that once the client advises the agency to seek a replacement candidate and finds a new one through another source, the agency will not offer any further replacements.
4. Client obligations for live-in nannies
The client hereby agrees to provide the following to a live-in nanny:
1. A bedroom with windows.
2. A bed.
3. A bathroom or access to a shared bathroom facility with running hot and cold water and a reasonable amount of private time.
4. An area where the nanny can enjoy some privacy in her bedroom, living area, etc.
5. An area where the nanny can prepare and make meals, such as a kitchen or a stovetop located in the nanny’s bedroom unless meals are provided to the nanny; and
6. Electrical points, which the nanny can use to charge their cell phone or laptop.
7. While the above requirements are the minimum requirements for live-in nannies, the agency encourages clients to recognize the value of making the nanny feel comfortable and welcome. A relaxed, well-cared-for nanny will always be better positioned to assist your children.
5. Liability clause
1. The agency acts as an intermediary only and is not the employer.
2. The client must ensure they are 100% certain of the suitability of the candidate before hiring them. The agency is not responsible if the candidate proves to be unsuitable.
3. The choice of candidate remains the client’s decision.
4. By submitting the application form to the agency, the client accepts these terms and conditions, whether the form and the conditions are signed or unsigned.
5. The agency accepts no liability of any kind for any inconvenience, loss of or damage to property, or any loss or personal injury or death howsoever arising directly or indirectly from any act or omission of any candidate introduced by the agency, even if such an act or omission is negligent or fraudulent or reveals dishonesty.
6. The agency will submit details of candidates with a valid driver’s license for South Africa, but the agency cannot guarantee the standard of the candidate’s driving.
7. The agency cannot guarantee that a candidate will complete their proposed length of stay or engagement with the client.
8. The agency will not supply a replacement candidate if the client has breached any of the agency’s terms and conditions. No replacement or refund will apply if the client changes the position specifications after the original placement has been made.
9. Please appreciate that once the client has accepted a permanent placement, all the rights and obligations as an employer in terms of South African labor law move to the client, including the obligations about the deductions and payment of UIF, PAYE, Workmen’s Compensation and leave entitlements, as applicable.
10. Therefore, once the client has made a permanent placement offer to a nanny, the client may only terminate or otherwise cancel that agreement by following the requirements of South African labor law. The client may, therefore, not simply provide the agency or the nanny with notice of termination, but must provide a valid reason recognized by law and follow the required procedure to terminate the employment relationship.
11. The client acknowledges that according to the Labour Relations Act 66 of 1995, any candidate placed with the same client for more than 3 months is deemed an employee of that client, regardless of the arrangement between the parties.
12. Should any nanny challenge the terms and conditions of their employment with the client or the termination thereof after the client has entered into an employment agreement with the respective candidate, the client will have no claim against the agency regarding any dispute referrals about such challenge.
13. The parties hereby agree that neither the agency nor any of its directors or employees will be held liable for any damages that result from:
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- Any information relied upon by the client in selecting a candidate that subsequently transpires to be untrue. The agency acquires such information from third parties and accepts it as it purports to be, but it does not guarantee that such information is accurate or correct.
- any act by a nanny, whether negligent or intentional, which causes damage to a client’s or a third party’s property and possessions or which causes harm to a client, a client’s child, or family member or a third party; and
- The service delivery of any nanny in performing her duties for the client.
14. The parties hereby further agree that the agency will not be held liable for any damage, whether patrimonial or non-patrimonial, which results from a breach by the agency, a nanny, a client, or any third party whose actions were relied upon for the conclusion of this agreement and the delivery of the services for which this agreement provides.
15. This includes the costs of damage to any property and injury to any person caused by a nanny’s, client’s, or third party’s actions and which may have arisen due to any of the services provided by the agency according to these terms and conditions.
16. Where foreign nationals are appointed, it is the employer’s responsibility to carry the financial burden to verify all legal documentation. This is not part of the agency’s liability. The agency relies on all documentation received to be factual and legal. Due to financial constraints, the agency cannot verify all foreign nationals’ passports and work permits.
6. All placements
1. The agency is pleased to advise the client on all aspects of the placement process, including assessing the client’s needs and preparing possible interview questions.
2. The agency requests that nannies traveling by public transport be reimbursed for their reasonable travel expenses. The expenses to be paid by the client are subject to agreement by both parties before the candidate attends the interview with the client. We suggest a minimum one-day trial period to assess how the nanny integrates with the client’s family and how the parties relate to one another.
3. Guarantee: Subject to the total fee paid on or before the due date, the agency offers a complete replacement guarantee between 30 and 90 days from the start of employment. Failure to pay the agency’s total fee on the due date set forth herein will render the guarantee void, and the agency will not issue a replacement until payment of a new placement fee.
4. Please note that the nannies are free agents until they start a trial service with a potential employer. This means we may send a nanny for more than one interview at a time. We work on a first-come, first-served basis. If two potential employers want to hire the same nanny, the agency encourages the nanny to make the final decision.
5. The subsequent re-introduction or referral to the client of a candidate to any other family, agency, consultancy, or party within 12 months shall not in any way derogate from the client’s obligation to effect payment of the referral fee to the agency.
6. The agency’s mission is to find the best possible match for the client/employer and the nanny to ensure a healthy working relationship.
7. Payment is due within 48 hours of receipt of the invoice.
8. If the invoice is not settled by the due date, the agency will request that the “placed candidate” not return to work until settlement has been made or the agency finds the candidate new employment.
7. Fees
- It is the responsibility of the client to present a written contract of employment to the candidate before the candidate’s commencement date if the client requires the candidate to sign it.
- The placement fee must be paid in full before the candidate can commence working with the client.
- All placement fees are payable by EFT to the agency upon the candidate’s acceptance of placement within 48 hours from the date of the invoice and prior to the candidate’s start of employment. The client will be held responsible for bypassing the agency when the client fails to inform the agency of the start of employment, as the agency is the effective cause of the candidate’s employment.
- Under no circumstances is the placement fee refundable after the client has approved the candidate, the candidate has accepted the offer of engagement with the client, and the candidate is due to start or has started employment. Acceptance of an offer does not require signing a contract; it is sufficient that the parties agree and confirm their intention to the agency by telephone, WhatsApp, or email. Please refer to the “Replacement” section of these terms and conditions.
- If another agency sends the exact same profile as one already sent by our agency, and the client elects to hire that specific candidate, the client is liable to pay the placement fee to our agency as the effective cause of the placement. The agency is, therefore, entitled to the placement fee as the party that sent/submitted the profile first after obtaining the candidate’s permission to release their details to that specific client in that particular vacancy.
- No candidate will be permitted to continue working for the client if all agency placement fees have not been paid in full.
8. Responsibilities of the client
- The client shall specify their exact requirements and expectations for the candidate and provide full details of the type of work and the period of employment required.
- The client, with reasonable cooperation from the candidate, is responsible for obtaining all necessary work permits or visas if they are not included in the package selected. This is not the responsibility of the agency. Any information provided by the agency regarding visas and work permits is for informational purposes only, and the agency cannot accept responsibility if this information is incorrect or no longer applicable.
- If required, the client is responsible for arranging an appropriate medical examination for the candidate and reviewing the candidate’s medical history.
- The client agrees to notify the agency immediately upon a candidate’s acceptance of employment and to provide details of the commencement date, the length of employment, and the agreed salary. The agency will verify the information provided by the client with the candidate.
- If there is any delay caused by the client in the commencement of the candidate’s employment (for example, because of the birth of a baby later than expected), then the client shall be liable to pay the candidate the full agreed weekly salary from the agreed date to the date of actual commencement.
- The client is not entitled to directly or indirectly introduce a candidate (whether a prospective candidate or a candidate employed by the client) to any third party for employment.
9. Termination
- The agency will terminate its relationship with the client should it find that the client is in breach of any of the agency’s terms and conditions.
- Should the client unilaterally decide to terminate the temporary placement and otherwise determine that the candidate may not complete the hours booked, the client may be held liable for the temporary placement fee and the fee payable to the candidate for the temporary placement period.
- The client must, therefore, always consult the agency prior to making any decision regarding the termination of the candidate’s service with the client. The agency will direct the client as to how to proceed, depending on the circumstances.
- Although the agency employs the candidate during any temporary placement period, the client may be held jointly and severally liable for any infringement of any legislation regulating the candidate’s employment or placement with the client, including the breach of the Basic Conditions of Employment Act or the Labor Relations Act.
- The agency reserves the right to recover from the client all amounts that become due and payable to any nanny due to any action taken by the client against any nanny without the agency’s consent. This includes the cost of any process preceding such payment, award, damages, etc.
- We, therefore, encourage the client not to take any action against any candidate without the agency’s consent.
- The agency will not be responsible for any costs involved in the lawful and fair termination of any candidate’s employment once the client has signed the employment agreement with that candidate, once the trial period has expired, and if the candidate continues to work for the client.
- However, before sourcing an alternative candidate for the client, the agency will request a valid and reasonable explanation as to why a replacement is required. The agency aims to avoid disrupting the client’s children or household with too many changes and seeks to protect candidates from unpleasant circumstances.
- If the client decides to terminate the candidate’s employment after agreeing to employ the candidate permanently but before the candidate commences work, the client will still be liable for payment of the permanent placement fee, regardless of the frequency or hours the candidate would have worked.
- Equally, if the candidate decides to terminate the placement with the client for any valid reason, such as the client’s failure to provide suitable working conditions or accommodation, the client will be liable for payment of the permanent placement fee, regardless of the frequency or hours the candidate would have worked.
- The agency does not guarantee the continued employment of a selected candidate; therefore, should the candidate terminate their employment with the client at any time, the client will have no claim to recover any permanent placement fee or other costs from the agency.
- As with any employment relationship, the agency has no control over whether a candidate wants to remain in the client’s employment. The agency therefore encourages clients to foster and maintain a working relationship that is enjoyable and constructive for both the client and the candidate.
10. Legal
- These terms and conditions are governed by South African law, and all disputes arising out of or in connection with them shall be subject to the jurisdiction of the South African courts.
- Registration for the Unemployment Insurance Fund (“UIF”) and Pay-As-You-Earn (“PAYE”) tax is compulsory, but it is the client’s own responsibility and for the client’s own account.
ACCEPTANCE OF TERMS AND CONDITIONS
By submitting the registration/application form, the client accepts the agency’s terms and conditions, whether the document has been signed in full or is unsigned.
PURPOSE OF THIS AGREEMENT
The terms and conditions serve as a contract between The Nanny Movement Recruit (“the agency”) and the client for the placement services rendered by the agency to the client. The agency undertakes to use their skills and knowledge to seek a suitable candidate for the client.
DATA SUBJECT – PRIVACY NOTICE
BACKGROUND:
The Nanny Movement Recruit (“TNMR”) understands that your privacy is important to you and that you care about how your personal information is used. We respect and value the privacy of all those that we have dealings with and use personal information in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
1. Information About Us
The Nanny Movement Recruit:
- Private company registered in South Africa under company number
2021/130589/07 - Registered address: Arend ave, Windsor Glen, Randburg 2194
- VAT number: N/A
- Information Officer: Evette van den Berg.
- Email address: recruit@thenannymovement.co.za
- Telephone number: 072 188 6378
2. What Does This Notice Cover?
This Privacy Notice explains how we at TNMR use your personal information: how it is collected, how it is stored, and how it is processed. It also explains your rights under the law relating to your personal information. This notice is specifically applicable to all our prospective clients (families in need of skilled nannies, domestic workers, caregivers, au pairs, and pre-school assistants) as well as any person applying to possibly be matched with a caring family.
3. What Is Personal Information?
Personal information is defined by the Protection of Personal Information Act (“POPIA”), as ‘any information relating to an identifiable living natural or existing juristic person’. Personal information is, in simple terms, any information about you (a data subject) that enables you to be identified. Personal information covers obvious information such as names and contact details, as well as information such as identification numbers, electronic location data, and other online identifiers.
We process personal information by both automated (electronically) and non-automated means (paper based as part of a filing system). The personal information that we collect, store, and process is set out in Part 5, below.
4. What Are My Rights as a Data Subject?
Under POPIA, you have the right to have your personal information processed according to 8 processing conditions that are summarized as follows:
Condition 1 – Accountability.
We must ensure that the conditions set out in Chapter 3 of the Act and all the associated measures are complied with.
Condition 2 – Processing Limitation.
Personal information must be collected and processed lawfully in a reasonable manner that does not infringe on your rights. Personal information may only be processed if it is adequate, relevant, and not excessive.
Personal information may only be processed if you consent thereto, alternatively where it is necessary to do so for the conclusion or performance of a contract, an obligation in terms of law, to protect your legitimate interest/s, or to pursue our legitimate interest/s. Personal information must as far as possible be collected directly from you.
Condition 3 – Purpose Specific.
Personal information must be collected for a specific explicitly defined and lawful purpose related to a function or activity of ours. Such personal information may not be retained any longer than necessary for achieving the purposes for which the information was collected and/or subsequently processed.
Condition 4 – Further Processing Limitation.
The further processing of your personal information is prohibited unless such processing is compatible with the initial purpose of collecting the information.
Condition 5 – Information Quality.
We are required to take reasonable, practicable steps to ensure that your personal information is complete, accurate, and not misleading. Such personal information must also be kept up to date, taking into consideration the purpose of the personal information. The nature and purpose of your personal information will dictate as to how often such information must be updated.
Condition 6 – Openness.
We must, as far as it is practicable, inform you before your personal information is collected and the purpose of collecting and from where your personal information will be collected. You are entitled to our details and must be made aware of the consequences of not disclosing personal information to us where it is required for a specific purpose.
You must also be made aware if your personal information is collected and processed as requirement established in law. As per Section 72 of the Act, you will be advised if your personal information will be transferred across the borders of South Africa.
Condition 7 – Security Safeguards.
We must secure the integrity and confidentiality of your personal information by taking appropriate reasonable, technical, and organisational measures, to prevent the loss thereof or unlawful access thereto.
Condition 8 – Data Subject Participation.
You have the right to establish whether your personal information is held by us and to have it corrected or destroyed if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or has been obtained unlawfully.
Other rights.
You further have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your personal information. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
b) The right to access the personal information we hold about you. Part 10 will tell you how to do this.
c) The right to have your personal information rectified if any of your personal information held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
d) The right to ask us to delete or otherwise dispose of any of your personal information that we hold. Please contact us using the details in Part 11 to find out more.
e) The right to restrict (i.e., prevent) the processing of your personal information.
f) The right to object to us using your personal information for a particular purpose or purposes.
g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal information, you are free to withdraw that consent at any time.
h) The right to not have your personal information processed for the purposes of direct marketing by means of electronic communication without your consent.
i) Rights relating to automated decision-making and profiling. we do not use your personal information in this way.
For more information about our use of your personal information or exercising your rights as outlined above, please contact us using the details provided in Part 11. It is important that your personal information is kept accurate and up to date. If any of the personal information we hold about you changes, please keep us informed as long as we have that information.
Further information about your rights can also be obtained from the Information
Regulator’s Office at https://www.justice.gov.za/inforeg.
If you have any cause for complaint about our use of your personal information, you have the right to lodge a complaint with the Information Regulator’s Office. We would welcome the opportunity to resolve your concerns ourselves, so please contact us first, using the details in Part 11.
5. What Personal information Do You Collect and How?
We may collect and hold some or all of the personal information set out in the table below, using the methods also set out in the table. We do collect ‘special personal information’ where so required by law’ and / or personal information relating to children, younger than 18 years of age, in so far as it relates to the children of our clients, for the purposes to possibly place as a nanny, domestic worker, caregiver, au pair or pre-school assistant with a family in need.
Special personal information may include information relating to race, ethnical origin, religion, health, biometric information, and criminal behaviour of a data subject, Marital status and also possible pregnancy status.
The personal information of children may include the name, surname and date of birth of the child.
TNMR specializes in matching skilled nannies, domestic workers, caregivers, au pairs, and pre-school assistants with caring families. Therefore, all information gathered by TNMR will therefore only be used for this purpose. This information is also required to ensure an accurate placement.
Information Collected |
How We Collect the Personal Information |
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Identity Information including but not limited to identity numbers, drivers’ licences, passport numbers, names and surnames.
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As far as practicably possible directly from the data subject. If not practicable possible to obtain such information directly from you, we will obtain such personal information from third parties or public forums where you may have made your personal information deliberately public. |
| Contact and location information including but not limited to telephone and fax numbers, email addresses, physical addresses, postal addresses, geographical location data. | Directly from the data subject. |
| Business information including but not limited to ownership, shareholding, job titles, professions, email communication of an implicit or explicit private and confidential nature, affiliations, products, services, statutory registration information. | As far as practicably possible directly from the data subject. If not practicable possible to obtain such information directly from you, we will obtain such personal information from third parties or public forums where you may have made your personal information deliberately public. |
| Payment information including but not limited to transaction history, bank statements, invoices, credit notes, credit / debit card details, bank account numbers, credit ratings. |
As far as practicably possible directly from the data subject. If not practicable possible to obtain such information directly from you, we will obtain such personal information from third parties or public forums where you may have made your personal information deliberately public. Banks and credit rating / consumer data verification agencies. |
| Special personal information such as, information relating to race, ethnical origin, health, biometric information, and criminal behaviour of a data subject, Marital status and also possible pregnancy status |
Directly from the Data subject. If not practicable possible to obtain such information directly from you, we will obtain such personal information from third parties or public forums where you may have made your personal information deliberately |
6. How Do You Use My Personal information?
Under POPIA, we must always have a lawful basis for using personal information. We may use your personal information for one or all of the following purposes:
• The administration of our business.
• Supplying our products and / or services to you.
• To possibly match you with a family in need
• To match any skilled nannies, domestic workers, caregivers, au pairs, and pre- school assistants with caring families.
• Managing payments for our products and / or services.
• To comply with the obligation of law for the collection of revenue.
• Communicating with you.
• Supplying you with information by electronic communication if you have agreed thereto (you may opt-out at any time by using the details in Part 11).
• With your permission we may also use your personal information for marketing purposes, which may include contacting you by email and / or telephone and / or text message with information, news, and offers on our services. We will always work to fully protect your rights and comply with our obligations under POPIA, and you will always have the opportunity to opt-out.
We will only use your personal information for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal information for that purpose. If we do use your personal information in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 11.
If we need to use your personal information for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so or obtain permission from you to do so.
In some circumstances, where permitted or required by law, we may process your personal information without your knowledge or consent. This will only be done within the bounds of POPIA and your legal rights.
7. How Long Will You Keep My Personal information?
We will not keep your personal information for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal information will therefore be kept for:
• as long as it serves the purpose it was collected and intended for,
• such periods as prescribed in any legislation applicable to our business,
• any period agreed to in a contract,
• the purposes of fulfilment of a contract, or
• any period you may have agreed to.
8. How and Where Do You Store or Transfer My Personal information?
We will endeavour to store your personal information in South Africa. This means that it will be fully protected under POPIA.
Personal Information is stored both electronically on our secured servers, and manually as part of a filing system. All files are kept in a locked storage room.
Please refer to our Protection of Personal Information Policy or contact us using the details below in Part 11 for further information about the personal information protection safeguard/s used by us.
The security of your personal information is essential to us, and to protect your information, we take a number of important measures, including the following:
• Limiting access to your personal information to those employees, agents, contractors, clients (families) and other third parties with a legitimate need to know and, where applicable, ensuring that they are subject to duties of confidentiality.
• Procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal information) including notifying you and the Information Regulator’s Office where we are legally required to do so.
• We have identified all reasonable and foreseeable internal and external risks and introduced safeguards to mitigate such risks.
• Continuous maintenance and updating of such safeguards to secure your personal information.
9. Do You Share My Personal information?
We will not share any of your personal information with any third parties for any purposes, subject to the following exception/s.
• For the purposes of inter alia fulfilment of an application, contract, or rendering of a service, as explained above.
• Protecting our legitimate interests.
• If we sell, transfer, or merge parts of our business or assets, your personal information may be transferred to a third party. Any new owner of our business may continue to use your personal information in the same way(s) that we have used it, as specified in this Privacy Notice.
• In some limited circumstances, we may be legally required to share certain personal information, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
If any of your personal information is shared with a third party, as described above, we will take reasonable steps to ensure that your personal information is handled safely, securely, and in accordance with your rights.
Operators:
We may make use of third-party service providers to process personal information on our behalf. To protect such personal information, we will enter into a formal written agreement with the service provider. In terms of such agreement the service provider will be required to process personal information in accordance with conditions as prescribed by us, including measures to protect the security and integrity for such personal information.
10. How Can I Access My Personal information?
If you want to know what personal information we have about you, you can ask us for details of that personal information and for a copy of it (where any such personal\ information is held). This is known as a Subject Access Request (“SAR”).
All SARs should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use (SAR Form 1). You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.
We will respond to your data subject access request within 14 days. Normally, we aim to provide a complete response, including a copy of your personal information within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
11. How Do I Contact You?
To contact us about anything to do with your personal information and the protection of your personal information, including to make a data subject access request, please use the following details (for the attention of The Information Officer):
• Information Officer: Evette van den Berg.
• Email address: recruit@thenannymovement.co.za
• Telephone number: 072 188 6378
12. Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal information protection.
Any changes will be made available on our company website.