Introduction

We are an online platform designed for individuals seeking employment (“Job Seekers”), organisations searching for talent to fill job openings (“Employers”), and individuals representing an Employer (“Employer Members”). This Privacy Policy outlines how we handle personal data that we collect from or about you when you use our website, applications, and services (collectively referred to as “Services”).

Our registered users, including Job Seekers and Employer Members (“Users”), share their professional profiles, post and view relevant content, to help them discover career opportunities and talent. Some content and data on our Services are accessible to non-users (“Visitors”).

As a Visitor or User of our Services, the collection, processing, use, and sharing of your personal data are governed by this Privacy Policy, and any updates made to this Privacy Policy. You warrant that you have consented to the collection, processing, use, and sharing of your personal data as per the Privacy Policy.

This Privacy Policy applies to all Users and Visitors of our Services.

Our Services

This Privacy Policy governs your use of our Services.

It applies to candyees.com and other Candyees website domains and sub-domains, Candyees-branded apps, and other Candyees-branded websites, apps, communications, and Services, including off-site services like our advertising services and the “Apply with Candyees” plugins.

Policy Changes

Any changes to this Privacy Policy will apply to your use of our Services starting from the “effective date.” Candyees (“we” or “us”) reserves the right to modify this Privacy Policy. If we make significant changes, we will notify you through our Services or other means, giving you the opportunity to review the changes before they take effect. If you disagree with any changes, you can close your account.

By continuing to use our Services after we publish or send a notice about changes to this Privacy Policy, you acknowledge that the collection, processing, use, and sharing of your personal data will be governed by the updated Privacy Policy as of its effective date.

1. Information We Collect

1.1 Information You Provide

When you create an account with us, you provide the necessary data to do so. At the time of account creation, you choose the type of profile you want to register, either as a Job Seeker or an Employer Member. You can add additional profiles to your account later if needed.

Account Registration

To create an account, you are required to provide information such as your name, email address and/or mobile number, general location (e.g., city), and a password. A profile type will automatically be assigned to you upon registration based on your selection.

Profile Information

Depending on the profile type, you may need to provide more details, such as job specifications, organisational information, work experience, industry experience, skills, photo, and interests. While not all additional information is required, it can enhance your experience with our Services. It is entirely up to you whether to include sensitive information on your profile or make it public. However, we strongly advise against sharing sensitive details like your personal ID number, social security number, or banking information. Please do not post or add any personal data to your profile that you wouldn’t want to be publicly accessible.

Content Uploads and Posts

We collect personal data from you when you provide, post, or upload it to our Services. This can occur when you fill out a form (e.g., job specifications, demographic data, or salary), respond to a survey, answer a question, submit a resume/CV, or complete a job application through our Services.

Personal information and data related to minors

Candyees expressly prohibits the processing of personal information of individuals under the age of 18 (“minors”). The Services provided by Candyees are intended solely for individuals who have attained the age of 18 years or older, and Candyees does not knowingly collect, process, or store personal information from minors.

In the event that a minor uploads, submits, or otherwise provides personal information to the Services under false pretences, including but not limited to misrepresenting their age as that of a person 18 years or older, or through any other unauthorised means, Candyees, its affiliates, licensors, licensees, employees, officers, directors, agents and representatives shall be fully indemnified and held harmless from any and all claims, demands, actions, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with such processing. Candyees shall not be liable for any breach of this Privacy Policy or applicable law resulting from a minor’s misrepresentation or unauthorised submission of personal information.

Should Candyees become aware of any personal information of a minor processed without requisite consent, Candyees shall take immediate steps to delete such information, subject to any legal obligations to retain data as specified in this Privacy Policy.

1.2 Information from Others

Other users of our Services, such as an Employer, may provide us with personal data collected by them about you and your eligibility to use our Services on their behalf when you are added to their profile. This can include personal data such as your name, email address, and/or work email address, which helps us assist you in joining and registering with Candyees through these parties.

1.3 Usage Data

We log your visits and interactions with our Services. This includes collecting information about your usage, such as the types of content you view or engage with, the features you use, the actions you take, your time zone, and when you view, click, or advance candidates or jobs, as well as when you install or update one of our mobile apps.

Additionally, we receive information about your visits and interactions with services provided by others when you visit those services that include our plugins (such as “Apply with Candyees”) or our ads, cookies, or similar technologies.

1.4 Cookies and Similar Technologies

We collect data through browser cookies and similar technologies. When you visit, use, leave, or interact with our Services, we may gather information about your device (e.g., IP address, operating system, and browser type) and network for system administration and statistical purposes. Additionally, we may use cookies to collect data about your general Internet usage. These cookies help us recognise your device when you return to our website, enabling us to provide a better and more personalised experience. You can choose to refuse cookies by adjusting your browser settings. However, please note that if you do so, certain parts of the website may not function properly. Unless you have set your browser to block cookies, our system will automatically issue cookies when you log in to the website.

1.5 Links to other Web Sites or Web Services

Links to third-party websites, web services or mobile apps on our Services are provided solely as a convenience to you. If you use these links, you will leave our Services, and the content of such other third-party services are beyond our control and influence.

We have not reviewed any or all of these third-party services and do not control and are not responsible for any of these third-party services or their content. If you decide to access any of the third-party services, you do so entirely at your own risk.

Please be aware that the terms of use and privacy policies of third-party services may differ from our own. We recommend reviewing and adhering to the privacy policies and terms of use provided on those linked sites.

1.6 Communication Data

We collect information about you when you communicate with others through our Services, such as when you send, receive, or engage with candidates, employers, jobs, or messages. This may include details about who you are communicating with and when.

If you contact us directly, such as through email or on our social media pages, we may collect personal data such as your name, contact information, and the contents of the messages you send.

1.7 Other Information

We are constantly improving our Services, which means we gather new data and develop new ways to use it.

We also receive information from our trusted partners, such as security partners, to help protect against fraud, abuse, and other security threats to our Services. Additionally, we receive data from marketing vendors who provide insights about potential customers for our business services.

As our Services evolve and we introduce new features, we may need to collect new types of information. If we begin collecting significantly different personal data or make substantial changes in how we collect, use, or share your data, we will notify you and may update this Privacy Policy accordingly.

2. How We Use Your Information

We use your data to provide, support, personalise, and improve our Services.

How we use your personal data depends on the Services you use, how you interact with them, and the choices you make in your settings. We may use your personal data to enhance and develop products and services, develop or train artificial intelligence (AI) models, personalise your experience, and generate insights through AI, automated systems, and inferences. This helps us make our Services more relevant and valuable to you and others.

2.1 Provision of Services

We use your data to grant access to our Services and help others find your profile, all while respecting your settings. Our Services are designed to help you explore career opportunities and be discovered by potential employers, as well as to interact and communicate with these opportunities, and vice versa. Your profile may be visible to job seekers or those looking for candidates.

Specifically, if you use our Services as a Job Seeker, we may use your data to recommend jobs to you. If you use our Services as an Employer Member, we may use your data to suggest potential candidates. We may also use automated systems to provide relevant content and recommendations, making our Services more tailored to your needs. Keeping your profile accurate and up to date can help you connect more effectively with others and access better opportunities through our Services.

We do not share your individual contact information with others without your consent. Additionally, it’s entirely up to you whether to invite someone to join our Services.

2.2 Communication with You

We will contact you via email, notices on our websites or apps, and other methods through our Services, including push notifications. These messages may include information about the availability of our Services, security updates, and other service-related matters. Additionally, we send communications about how to use our Services, network updates, reminders, job and candidate suggestions, recruitment process updates, and promotional messages from us. You can adjust your communication preferences at any time. However, please note that you cannot opt out of receiving service-related messages from us, including security and legal notices.

We also facilitate communication between you and others through our Services, such as invitations, notes, and messages during interactions. Messages between Job Seekers and Employer Members are only enabled when Employers have advanced Job Seekers sufficiently in the recruitment process.

2.3 Marketing and Advertising

We may promote our Services to you and others. In addition to advertising our Services, we may use anonymised user data and content in invitations and communications that encourage engagement with our Services.

2.4 Improvement and Development

Service Enhancement

We use data, including public feedback, to conduct research and development for our Services. This helps us offer a better, more intuitive, and personalised experience, while also driving user growth and engagement across our platform.

Other Research

We may use available personal data available to research social, economic, and workplace trends, such as job availability, the skills required for specific jobs, and policies aimed at bridging gaps in various industries and geographic regions. We may collaborate with trusted third parties to conduct this research, while ensuring that privacy protections are in place. Any economic insights we publish, or allow others to publish, will be presented as aggregated data rather than personal information.

Surveys and Feedback

Polls and surveys may be conducted by us or others through our Services. Participation in these polls or surveys is entirely optional, and you have control over the information you choose to provide. You can also opt out of receiving survey invitations.

2.5 Customer Support and Assistance

We use data to assist you and resolve issues. This includes using data (which may involve your communications) to investigate, address, and resolve complaints, as well as to fix Service-related problems, such as bugs.

2.6 Aggregated and Anonymous Insights

We use data to generate insights that are anonymised and do not identify you. This involves performing analytics to produce and share insights, such as generating statistics about how our Users engage with our Services to better understand usage patterns.

2.7 Security, Investigations, and Compliance

We use data for security, fraud prevention, and investigations. This may include using your data (including your communications) to protect against security threats, prevent fraud, investigate violations of the law, our User Agreement, or any attempts to harm Candyees, our affiliates, licensors, licensees, users, or others.

3. Sharing of Your Information

3.1 Within Our Services

Job and/or Job Seeker Suggestions and Matching

As a Job Seeker, only the profile information you have provided will be shared with prospective recruiters for candidate suggestions. This includes details like your work experience, industry experience, and skills. Information that could reveal your identity, such as your name, photo, or email, will not be shared with prospective recruiters unless you explicitly include it in your profile.

As an Employer, all information in your organisational and job profiles will be shared with relevant candidates to ensure transparency. Relevant candidates are determined based on the information in both their profiles and yours, including job specifications, organisational details, work experience, industry experience, skills, and interests.

Applications, Notes, and Messages

Our Services allow you to view and share information through applications, questions, tasks, notes, and messages.

As a Job Seeker, when you apply for a job on Candyees, only the Employer Members associated with that job will be able to view your application. Your application may include more detailed information than your profile highlights, such as your contact information, resume/CV or other attached documentation, and any questions answered during your application submission.

As an Employer Member, you can leave notes about any relevant candidate at any stage of the recruitment process. These notes will only be visible to other Employer Members associated with that specific job.

Messages between Job Seekers and Employer Members are only enabled once Employers have advanced Job Seekers sufficiently in the recruitment process for that associated job.

Employer Accounts

An Employer may grant you access to our Services, and they can review and manage your use of the Services as an Employer Member. Only information related to your use of the Services as an Employer Member will be shared with the Employer.

We understand that activities like job searching, and personal messages are sensitive. Therefore, we do not share this information with your Employer unless you explicitly choose to share it through our Services, such as by applying for a new position within the same organisation.

3.2 With Others’ Services

The information you make available to others through our Services (e.g., details from your profile) may also be accessible on other platforms, such as search tools. Please note that the information retained on these external services may not reflect any updates you make on Candyees.

3.3 Third-Party Service Providers

In accordance with Section 20 of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) (“POPIA”), Candyees may engage third-party operators, including but not limited to affiliates, licensors, licensees, and service providers, to perform functions necessary for the provision, maintenance, and enhancement of the Services, including but not limited to system maintenance, data analysis, payment processing, fraud detection, customer support, audits, marketing, and software development. By using the Services, you expressly acknowledge and consent to the disclosure of your personal information to such third-party operators as reasonably required to facilitate the provision of the Services.

Third-party operators are obligated to process personal information in accordance with the conditions for lawful processing set forth in POPIA and to implement appropriate technical and organisational measures to safeguard such information. Notwithstanding the foregoing, Candyees, its affiliates, licensors, licensees, employees, officers, directors, agents and representatives shall not be liable for any claims, demands, actions, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with any unauthorised disclosure, loss, or breach of your personal information caused by the acts or omissions of such third-party operators, provided that Candyees has complied with its obligations under Section 20 of POPIA. You hereby indemnify and hold harmless Candyees from any such claims, acknowledging that your use of the Services constitutes acceptance of the risks associated with third-party processing of your personal information.

If you make a purchase through our Services, we may use a payment service provider who may independently collect information about you, such as for fraud prevention or to comply with legal obligations.

3.4 Legal and Regulatory Requirements

We may need to share your data when we believe it is required by law or necessary to protect the rights and safety of you, us, or others.

This may include disclosing information about you when required by law, subpoena, or other legal processes, or if we have a good faith belief that disclosure is necessary to:

• Investigate, prevent, or take action regarding suspected or actual illegal activities, or to assist government enforcement agencies.
• Enforce our agreements with you.
• Investigate and defend ourselves against third-party claims or allegations.
• Protect the security or integrity of our Services.
• Exercise or protect the rights and safety of Candyees, our Users, personnel, or others.

We make efforts to notify Users about legal demands for their personal data when appropriate, unless prohibited by law or court order, or in emergency situations. We may challenge such demands if we believe they are overbroad, vague, or lack proper authority, but we do not promise to dispute every demand.

3.5 Corporate Transactions

We may share your data if our business is sold to others, but it will continue to be used in accordance with this Privacy Policy.

In the event of a sale, merger, or change in control of our business, or in preparation for such events, we may share your personal data. Any entity that acquires all or part of our business will have the right to continue using your data, but only in the manner outlined in this Privacy Policy, unless you agree to different terms.

4. Your Rights, Choices, and Obligations

4.1 Data Retention

We retain your personal data for as long as your account remains open.

Generally, we keep your personal data if your account is active or as necessary to provide you with Services. This includes data you or others have provided, as well as data generated or inferred from your use of our Services. Even if you only use our Services occasionally, such as when searching for a new job every few years, we will retain your information and keep your profile open unless you choose to close your account. In some cases, we may choose to retain certain information from closed accounts (e.g., insights on Service usage) in a depersonalised or aggregated form.

4.2 Managing Your Data and Preferences

You have control over your personal data and can access or delete it at any time. We provide settings that allow you to manage how your data is collected, used, and shared.

For personal data we have about you, you can:

• Delete Data: You can request that we erase or delete all or some of your personal data (e.g., if it is no longer needed to provide our Services to you).
• Change or Correct Data: You can edit certain personal data through your account. You can also ask us to change, update, or correct your data, particularly if it is inaccurate.
• Right to Access and/or Take Your Data: You can request a copy of your personal data and ask for a copy of the data you provided in a machine-readable format.

4.3 Account Deletion

We retain some of your data even after you close your account. If you choose to close your Candyees account, your personal data will generally stop being visible to others on our Services within 72 hours.

We may retain your personal data after account closure if reasonably necessary to comply with legal obligations (such as law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our User Agreement, or fulfil your request to “unsubscribe” from further messages. We will retain depersonalised information after account closure. In cases of breaches of this Privacy Policy or the User Agreement, we may retain personalised information even after your account is closed.

Please note that information you have shared with others will remain visible after you close your account, and we cannot control data that other Users have copied from our Services. Your profile may also continue to appear in other services (such as search tools) until they refresh their cache.

5. Additional Important Information

5.1 Data Security

We monitor for and work to prevent security breaches. Please use the security features available through our Services.

We implement commercially reasonable technical, administrative, and organisational measures to protect personal data from loss, misuse, unauthorised access, disclosure, alteration, or destruction, such as using HTTPS.

We take reasonable measures to identify all reasonably foreseeable internal and external risks to personal information in our possession or under our control, establish and maintain appropriate safeguards against the risks identified, regularly verify that the safeguards are effectively implemented. Our systems are regularly monitored for vulnerabilities and potential attacks.

However, no Internet or email transmission is completely secure or error-free. Therefore, you should exercise caution when deciding what information to share with our Services. We cannot guarantee the security of any data you send us, and there is no guarantee that data will not be accessed, disclosed, altered, or destroyed due to a breach of our physical, technical, or managerial safeguards.

Additionally, we are not responsible for any circumvention of privacy settings or security measures on our Services or third-party websites.

5.2 Cross-Border Data Transfers

Pursuant to Section 72 of POPIA, Candyees may transfer and process your personal information in jurisdictions outside the Republic of South Africa, where such transfers are necessary to provide, maintain, or enhance the Services, including but not limited to hosting data on servers located in foreign countries, engaging third-party service providers, or facilitating the functionality of the Services. By using the Services, you expressly acknowledge that such cross-border transfers are essential for the provision of the Services and hereby provide your unequivocal consent to the transfer, storage, and processing of your personal information in such foreign jurisdictions.

You further acknowledge that the data protection laws, regulations, or standards in certain foreign jurisdictions may not afford the same level of protection as those prescribed by POPIA in South Africa. Notwithstanding this, Candyees undertakes to ensure that any cross-border transfer of your personal information complies with Section 72 of POPIA, including by transferring data only to jurisdictions with data protection laws substantially like POPIA or where adequate safeguards are implemented. Candyees shall assess and verify the adequacy of such safeguards where applicable.

Candyees, its affiliates, licensors, licensees, employees, officers, directors, agents and representatives shall not be liable for any claims, demands, actions, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with any unauthorised disclosure, loss, or breach of your personal information resulting from data leaks, cyberattacks, or other security incidents occurring in foreign jurisdictions, provided that Candyees has complied with its obligations under Section 72 of POPIA. You hereby indemnify and hold harmless Candyees from any such claims, acknowledging that your use of the Services constitutes acceptance of the inherent risks associated with the processing and storage of personal information in foreign jurisdictions.

5.3 Legal Basis for Data Processing

In accordance with Section 26 of POPIA, Candyees processes personal information, including special personal information as defined in POPIA, only on a lawful basis, specifically through the explicit consent of the Users or where such processing is necessary for the performance of a contract to which the Users is a party, namely the provision of the Services as outlined in this Privacy Policy and the User Agreement. By using the Services, you expressly acknowledge and provide your unequivocal consent to the collection, processing, use, and sharing of your personal information, including any special personal information (where applicable), as is reasonably required to provide, maintain, and enhance the Services, including but not limited to job matching, candidate recommendations, and communication facilitation.

You further acknowledge that the processing of your personal information is necessary to enable Candyees to fulfil its contractual obligations to you under the User Agreement, including the delivery of personalised Services tailored to your profile and preferences. In consideration of the foregoing, you hereby waive any and all claims, demands, actions, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) against Candyees, its affiliates, licensors, licensees, employees, officers, directors, agents and representatives arising out of or in connection with the processing of your personal information on the grounds of lack of consent or necessity, provided that Candyees has complied with its obligations under POPIA, including obtaining explicit consent for the processing of special personal information where required and ensuring that such processing is limited to what is necessary for the provision of the Services.

You may withdraw your consent to the processing of your personal information at any time by adjusting your account settings, requesting deletion of your data, or closing your account, as provided in Section 4 of this Privacy Policy, subject to any legal obligations Candyees may have to retain certain information.

5.4 How to Contact Us

If you have questions or complaints regarding this Privacy Policy or in the way we process your personal information, please first contact Candyees online. You can also reach us at complaints@candyees.co.za to resolve any concerns.