The Terms of Our Relationship with Your Organisation
1. A quick introduction to who we are and the services we provide
1.1. Harambee Youth Employment Accelerator (registration number: 2011/009632/08) (“Harambee”, “we”, “us” or “our”) is a successful public-private partnership, founded by government and the private sector, that has scaled up to respond to the multiple challenges of South Africa’s youth unemployment crisis. It has done this through an award-winning Pathway Manager, a capability to match, prepare and transition excluded youth into economic opportunities – this capability has been formally adopted by all social partners as an enabling intervention in the Presidential Jobs Summit Framework agreement. Our technology enabled “Pathway Manager Platform” connects work-seekers with learning and earning opportunities developed through partnerships with government, businesses and organisations like yours (“you”, “ your organisation” or “your”).
2. The legal terms of our relationship with you
2.1. If you decide to use our Partner Portal, we need you to understand what our obligations are to you and what your obligations are to us. We call this document our terms of service (“our terms”). It is important that you read it carefully and understand what it says.
2.2. Our terms will apply when you access our website (www.sayouth.org.za) or the Partner Portal (partners.sayouth.org.za) to use our services. By registering on the Partner Portal, you agree to accept our terms.
2.4. Our terms may change from time to time. When we change them, the changes will be made on our website or on the Partner Portal itself. Please ensure that you visit our website or the Partner Portal and regularly read our terms. Although we do not promise to do so, we may give you notice of any changes we think are important.
2.5. We will not charge you a monetary fee for the use of our Partner Portal. However, in exchange for the use of the Partner Portal, we require you to provide us with the following:
2.5.1. Placement feedback and required evidence on whether a work-seeker has been hired or not;
2.5.2. A commitment to hiring inclusively;
2.5.3. Performance feedback of work-seekers where appropriate; and
2.5.4. Feedback on the services provided by the SA Partner Portal
3. How we use your personal information and provide our services to you
3.1. To allow us to provide our services to you, you will need to register and create an account on our Partner Portal (“your account ”). For purposes of administering your account, we will communicate with you on the email address and mobile or telephone numbers you used to register with us. If you appoint representatives (e.g. employees, agents or contractors) to use your account (“users”), we may communicate with them too. Once you have registered on the Partner Portal, we refer to your organisation as our “partner”. This, however, does not make us partners in the legal sense.
3.2. It is important to remember that if you give any users access to your account, you must obtain undertakings from them that they also accept our terms. This is a material requirement of our terms.
3.3. Your account will have two levels of users: a super-user and an ordinary user. Please ensure that super-users are trusted and responsible members of your organisation and that they have the appropriate authority to add other users to the account.
3.4. We will, at our discretion, conduct verification checks on both your organisation and your users. This may involve communicating with your organisation or users to verify the creation of the account.
3.5. Our services involve reviewing and analysing the information your organisation uploads, in order to match you with suitable youth seeking gainful income-earning, work experience and learning opportunities (“ work-seekers”). We collect work-seekers’ details, provide training content and match them to organisations like yours, who have suitable opportunities for them.
3.6. Work-seekers who apply for your opportunities are ranked based on various factors such as, but not limited to, education, experience, social inclusion and geographic location, in accordance with the requirements of the opportunity. In order to register as a partner, and especially for the purpose of determining whether a work-seeker is suitable for your organisation, we are required to use the work-seeker and/or your information provided to us in a number of ways. This may include:
3.6.1. conducting criminal, credit, reference or other related background checks;
3.6.2. conducting organisational assessments;
3.6.3. reporting to funders;
3.6.4. obtaining funding for programmes;
3.6.5. conducting research;
3.6.6. promoting SA Youth, Harambee, Tshepo 1Million, or other, similar programmes; and
3.6.7. creating and maintaining a partner database.
3.7. By accepting our terms, you (and for the avoidance of doubt – your organisation) therefore agree and consent to us doing all of the above.
4. Your account passwords and account access
4.1. Given the sensitivity of the information we hold on your behalf, it is very important that you keep control over your account. You must prevent anyone from accessing your account by not disclosing your account details i.e. usernames, passwords and/or your password reset pin, or any information associated with your account.
4.2. You need to make sure that you do not fall for tricks that hackers and other fraudsters may use to try to get access to your account. Learn about phishing and other such techniques. Do not click on strange links in emails and always keep your passwords strong and secure. We are not responsible for any damages or harm you may suffer if unauthorised people access your account through no fault on our part.
4.3. You may not sell the right to use the Partner Portal or any part of it to any other person or organisation; or cede or assign any of your rights under these terms without our prior written consent.
4.4. In using the Partner Portal, and during your recruitment of work-seekers, we expect your organisation to take into account the objectives of inclusivity and diversity.
4.5. It is a material term of your use of the Partner Portal and the services we provide, that you do not infringe the right to dignity in your communications with work-seekers and third parties. Communications that are discriminatory, derogatory, sexist or racist will be considered a material breach of these terms and will allow us to immediately terminate our relationship with you.
4.6. In order for us to monitor the success of and track the impact of the Partner Portal on providing opportunities for unemployed youth, we will require you to provide us with feedback through our “outcomes” feedback page. This is a material requirement of the service we provide and your failure to provide feedback may result in restrictions on or a halting of your use of the Partner Portal.
5. Your interaction with third-party applications while using our website or the Partner Portal
5.1. It is important to note that while using our service, you may encounter third party applications (these include websites, widgets, software, or other software utilities) ("applications").
5.2. When you use these applications, you may be subject to their terms. Please ensure that you understand their terms, as they may be very different to ours. We are not responsible for any agreements you may reach with them.
6. Our assurances to you as a service provider
6.1. Given the sensitivity of your organisation’s information, we will ensure that a limited number of our staff members access it. We will do any necessary background and security checks on our staff. We will also ensure that they have signed appropriate non-disclosure and confidentiality agreements with us in order to further protect you.
6.2. If we notice any suspicious activity on your account, we may suspend it, notify you of this and, if necessary, report any unlawful behaviour to any authorities we are legally obliged to.
7. Termination of our services
7.1. We may terminate our services, or any part of our services, at any time in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we will give you reasonable prior notice and at our discretion either ensure that all organisational information we hold is handed back to you or permanently destroyed.
7.2. We will immediately terminate our services to you if you breach our terms or if you use our services in a way that would cause a risk of harm or loss to work-seekers, us, other users or third parties or where you break any applicable law.
7.3. We shall be entitled to, sell, cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations hereunder based on these terms, without any prior notice to you. If such action substantially impacts on your rights or obligations under these terms, you may summarily terminate your account with us.
7.4. In addition to the termination provisions set out above, and whilst the relationship between us will be for an indefinite period, both you and we may terminate our terms on one calendar month’s written notice.
8. Liability for our services
8.1. We will not be responsible, and you agree to absolve and indemnify us from any liability, for any loss, injury, expense or damage of any nature, and which you or any other person associated with you, who accesses, uses or relies on our services, may suffer. This is unless such liability is proved to have been caused by our negligence or gross negligence, in which case you agree that any claims brought against Harambee shall be limited to R20,000.00 (twenty thousand rand).
8.2. Given that all information that work-seekers provide to us is self-reported and we do not verify it, we will not be held liable for any misrepresentations that they make. You therefore agree to indemnify us against any lost profits, revenues, data, financial losses or indirect, special, consequential, exemplary, or punitive damages brought about in this regard.
8.3. You further agree to indemnify us for any lost profits, revenues, data, financial losses or indirect, special, consequential, exemplary, or punitive damages brought about in any way by use of the Partner Portal.
8.4. In all cases, we and our affiliates will not be liable for any loss or damage that is not reasonably foreseeable.
8.5. For purposes of this clause, the indemnities you agree to, extend to all our employees, third-party service providers, management and directors.
9. Intellectual property rights and domain name use
9.1. All intellectual property on our website and our Partner Portal, including but not limited to content, design elements, databases, text, graphics, drawings, images, icons, logos, trade names, service marks, trademarks, hyperlinks and domain name(s), whether registered or not (" intellectual property") is either our intellectual property, that of our affiliates or is licensed to us. Please do not use the intellectual property without getting our prior written consent. This includes storing our intellectual property or transmitting it to any other website, mailing list, electronic bulletin board, server or other storage device or network; or copying, modifying, reverse-engineering, reproducing, displaying or distributing it. If we give you consent to use our intellectual property, we will be entitled to withdraw such consent on reasonable notice, which will not be less than 30 (thirty) days.
10.1. The Partner Portal uses “cookies” (a text file with no executable code) and other technologies for data analysis and personalisation. This means that a small file may be stored locally on the device used to access the website and/or Partner Portal in order to collect information.
10.2. We will ensure that your organisational information is kept confidential and secure. We will use no less than industry standard security methods to protect your information. We expect you to maintain the same, or better, levels of confidentiality and security, and to not disclose any of our or work-seekers’ confidential information to any third parties.
10.3. It is important for you to be aware that, for purposes of reporting, learning and statistics, we may pass certain information on to stakeholders such as government or donors. This information may include your organisation’s name, the number of work-seekers you recruited through the Partner Portal, the number of work-seekers you may have referred to us and the personal information of those work-seekers.
10.4. Apart from disclosures to stakeholders, we will only disclose your information if we are required to do so in accordance with a law or if we are required to do so by an order of court. We expect a similar undertaking from you in this regard.
10.5. In the event that our relationship ends, we will require you to stop using our confidential information and intellectual property. We may request you to provide written confirmation of this.
10.6. For purposes of these terms, “confidential information” means all information, including work-seekers’ personal information, that you or we obtain from each other as a result of the services and these terms, which is clearly marked as confidential or which is obviously of a confidential nature or which is confirmed in writing to be confidential within 7 days of its disclosure.
11. Dispute resolution
11.1. Our terms are governed by, and interpreted in accordance with, the laws of the Republic of South Africa.
11.2. In the event that you and we have a dispute, we both consent to the dispute being resolved in the High Court, Gauteng Local Division, Johannesburg, South Africa.
12. Notices, communication and storage and protection of information
12.1. We will need you to provide us with a physical address at which you will receive any notices or formal documents, we may need to deliver to you (the Latin term for this address is domicilium citandi et executandi). This address will be the address you give when you register your account.
12.2. Communications between you and us will occur mainly through electronic communications and by telephone. Please be aware that the integrity of electronic communications and telephones cannot be guaranteed.
13. Entire agreement
13.2. If any part of these terms are found to be invalid, you agree that the remaining parts will still be valid and enforceable.
14. Waiver and assignment
14.1. We cannot be regarded as having waived, relaxed or changed our terms unless this was done in writing and signed by one of our directors.
14.2. You may not assign either these terms or your account to any third parties, without our prior written consent.
14.3. You warrant that you are duly authorised to represent your organisation and to accept these terms on its behalf.
15. Legal costs
If you are not sure of any part of our terms, please get legal advice before accepting them. We will not be responsible for any legal costs you may incur to get the advice.
1.1. Harambee Youth Employment Accelerator (registration number 2011/009632/08) (“Harambee”, “we”, “us” or “our”) collects and processes the personal information of anyone who communicates with us through, or registers on, our websites (www.harambee.co.za and www.sayouth.org.za), Partner Portal (partners.sayouth.org.za ) or makes use of any of our services (“you” or “ your”).
1.2. By reading our terms, you will understand what services we provide, how we provide our services and what we do with your personal information, or the personal information of third parties who have consented to you giving their personal information to us (“ consenting third parties”). It is important that you read, understand and accept our terms if you would like to use our services.
1.3. Personal information includes very sensitive information, which you and consenting third parties probably want to keep private. South Africa’s Constitution provides that everyone has the right to privacy. This includes a right to protection against the unlawful collection, retention, dissemination and use of personal information.
1.4. We only collect and process personal information if you or consenting third parties have consented to this. Due to the sensitivity of some personal information, we ensure that the way we process your personal information complies fully with the Protection of Personal Information Act, 4 of 2013 (“POPIA”).
1.7. You also undertake that, where you upload or provide us with consenting third parties’ personal information e.g. your additional users (employees or representatives), young people or work seekers, you will have obtained their freely given consent to do so. This includes sharing with them that, once uploaded to the Partner Portal, we will contact them to register on our network. If we require it, you will provide us with evidence of having obtained the required consent.
1.8. Remember, that you will need to obtain the consent of a competent person (e.g. a parent or legal guardian) if you provide us with the personal information of a person under the age of 18, or if you are under the age of 18.
You and consenting third parties have the right to have your personal information processed lawfully. Your rights include the right:
2.1. to be notified that your personal information is being collected or that your personal information has been accessed or acquired by an unauthorised person e.g. where a hacker may have compromised our computer system;
2.2. to find out whether we hold your personal information and to request access to your personal information;
2.3. to request us, where necessary, to correct, destroy or delete your personal information;
2.4. to object, on reasonable grounds, to the processing of your personal information;
2.5. to object to the processing of your personal information for purposes of direct marketing, including by way of unsolicited communications;
2.6. not to be subject, in certain circumstances, to a decision which is based solely on the automated processing of your personal information;
2.7. to submit a complaint to the Regulator if you believe that there has been interference with the protection of your personal information or if you believe that an independent adjudicator who may be resolving your complaint against us, has not decided the matter correctly; and
2.8. to institute civil proceedings against us if you believe that we have interfered with the protection of your personal information.
3. How we collect your personal information
3.1. When we collect your personal information, we will collect information such as your company registration number or identity number, e-mail address, names, home or work physical addresses and telephone numbers.
3.2. The nature of our service may require us, in certain instances, to collect your information from third parties. You consent to us contacting these third parties directly (or indirectly through a process that you will facilitate) and permit us to collect your personal information from them.
3.3. We will not intentionally collect and process the personal information of a person under the age of 18 unless we have the permission of a competent person.
3.4. Where you provide us with your users’ or consenting third parties’ personal information you confirm that they have consented to the processing of their personal information such as their identity number, e-mail address, names, home or work physical addresses, telephone numbers and academic records. Further, you must make them aware that, for statistical, learning and reporting purposes, their personal information may be provided to our stakeholders such as government departments or donors.
4. How we use your personal information
4.2. We will ensure that your personal information is processed in a lawful manner and that we do not infringe on your privacy rights.
4.3. Once we have passed your personal information on to third parties, with your consent, we are no longer able to ensure the integrity and confidentiality of your personal information. We will however obtain undertakings from them, that they will ensure compliance with POPIA’s requirements.
4.4. We advise that you review the terms and conditions, as well as the privacy policies of third parties you request us to pass your personal information on to.
5. Where we store your personal information
5.1. Protecting your personal Information is very important to us. We store your personal information on our, or our service providers’, servers located in countries that have privacy levels that comply with or are better than POPIA.
5.2. If we ever outsource the processing of your personal information to a third-party operator, we will ensure that the operator processes and protects your personal information using reasonable technical and organisational measures that are equal to or better than ours.
5.3. In the event that we transfer or store your personal information outside South Africa, we will take all steps reasonably necessary to ensure that the third party who receives your personal information is subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection.
6.1. An HTTP cookie (a text file with no executable code is a small piece of data stored on the user's computer by the web browser while browsing a website. We also make use of web tokens on the Partner Platform. They are intended to make your experience of visiting and navigating through our website and the Partner Platform easier and more pleasant. Cookies may collect personal information such as the identity of your computer or mobile device and your location, and web-tokens may store your personal information.
6.2. If you do not want cookies or web tokens to be installed on your computer or mobile device, please do not use our website or the Partner Platform. This means that you will not be able to use our services. By using our website and the Partner Platform, you consent to cookies and web tokens being installed on your computer or mobile device.
7. Information security
7.1. We undertake to secure the integrity and confidentiality of your personal information in our possession or under our control. We will do this by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of your personal information; and unlawful access to or processing of your personal information.
7.2. Given the sensitivity of the information we hold on your behalf, it is very important that you keep control over your account. You must prevent anyone from accessing your account by not disclosing your account details i.e. usernames, passwords or any information associated with your account.
7.3. You need to make sure that you do not fall for tricks that hackers and other fraudsters may use to try to get access to your account. Learn about phishing and other such techniques. Do not click on strange links in emails and always keep your passwords strong and secure. We are not responsible for any damages or harm you may suffer if unauthorised people access your account through no fault on our part.
9. How to contact us
9.2. Our physical address is 70 Fox St, Marshalltown, Johannesburg, 2001.