Candidate Terms

Responsible party: HIRE AND HIRE (PTY) LTD (Registration No. 2026/614494/07) ("HIRE AND HIRE", "we", "us") Registered office: 13A Ratanga Road, Century on Lake, Cape Town, Western Cape, 8000 Information Officer: Franco Rheeder (admin@hireandhire.co.za)

1. DEFINITIONS AND INTERPRETATION

1.1 In this document, unless the context indicates otherwise:

1.1.1 "the Candidate", "you" or "your" means the natural person who submits a curriculum vitae or other personal information to HIRE AND HIRE, or who registers on our database, or who is represented by us to a Client Employer;

1.1.2 "Client Employer" means any employer, prospective employer or other organisation to which HIRE AND HIRE provides recruitment services;

1.1.3 "Introduction" means the first submission by HIRE AND HIRE to a Client Employer of your curriculum vitae, name or profile in connection with a Role, whether by email, portal, telephone or otherwise;

1.1.4 "Personal Information", "Special Personal Information", "processing", "responsible party", "operator" and "data subject" bear the meanings assigned to them in POPIA;

1.1.5 "POPIA" means the Protection of Personal Information Act 4 of 2013;

1.1.6 "Role" means a specific vacancy or position in respect of which HIRE AND HIRE represents you to a Client Employer.

1.2 Headings are for convenience only and do not affect interpretation.

1.3 These terms are written in plain language. If any provision is unclear to you, contact us before accepting.

2. NATURE OF THE SERVICE AND NO CHARGE TO THE CANDIDATE

2.1 HIRE AND HIRE provides permanent placement recruitment services to Client Employers. Our fees are payable by Client Employers only.

2.2 HIRE AND HIRE does not, and may not in law, charge you any fee for finding, offering or securing employment for you, whether by way of a registration fee, placement fee, administration fee, deduction from remuneration or otherwise. If any person purporting to act for us requests payment from you, report it immediately to admin@hireandhire.co.za.

2.3 We do not guarantee that you will be placed, interviewed, shortlisted or contacted in respect of any Role. Hiring decisions rest solely with the Client Employer.

2.4 We will not retain your original identity document, original qualification certificates or any other original document. We hold copies only.

3. ACCEPTANCE

3.1 By submitting your curriculum vitae or other Personal Information to us, registering on our database, or accepting these terms electronically, you agree to these terms and give the consents recorded in them.

3.2 Your electronic acceptance (including by ticking an acceptance box) has the same legal effect as a signature.

3.3 We may amend these terms from time to time. The current version will be published at https://hireandhire.co.za/candidate-terms. Material amendments affecting your consents will be notified to you.

4. INFORMATION WE COLLECT

4.1 We collect the following categories of Personal Information, whether from you directly or, with your consent, from sources you have nominated:

4.1.1 identifying and contact details (name, identity or passport number, date of birth, address, telephone number, email address);

4.1.2 employment history, qualifications, professional registrations, skills, remuneration history and expectations, notice period and availability;

4.1.3 references and the outcome of verification checks;

4.1.4 correspondence between us, interview notes and assessment results;

4.1.5 information you make publicly available on professional networking platforms;

4.1.6 where lawful and separately consented to, Special Personal Information contemplated in clause 7.

4.2 Supplying this information is voluntary. If you do not supply it, we may be unable to represent you.

5. PURPOSE AND LAWFUL BASIS OF PROCESSING

5.1 We process your Personal Information to:

5.1.1 assess your suitability for Roles;

5.1.2 represent you to Client Employers;

5.1.3 conduct verifications in accordance with clauses 6 and 7;

5.1.4 communicate with you about Roles and about your application;

5.1.5 maintain our candidate database;

5.1.6 comply with our legal obligations and establish, exercise or defend legal claims.

5.2 We rely on your consent and, where applicable, on the grounds set out in section 11(1)(b) to (f) of POPIA.

5.3 We may use automated tools, including artificial intelligence, to summarise or organise the information in your CV so that the person reviewing it can work more efficiently. These tools assist that person; they do not make decisions. No decision about you is taken solely by automated means — a person at HIRE AND HIRE reviews every candidate and takes every decision about whether to put you forward, with the original document you sent us available to them. You may ask us how these tools are used and make representations about any summary we hold.

6. REPRESENTATION TO CLIENT EMPLOYERS

6.1 You consent to HIRE AND HIRE disclosing your curriculum vitae and associated Personal Information to Client Employers in identified form, that is, including your name and identifying details, and not anonymised.

6.2 Consent for each submission. We will not submit your Personal Information to a Client Employer unless we have first disclosed to you the identity of the Client Employer, the job title, the remuneration range, the working arrangements and the reporting line for the Role, and you have confirmed in writing (including by email or instant message) that you consent to being represented for that Role and to that Client Employer. Your general acceptance of these terms is not a substitute for that specific confirmation.

6.3 You may decline representation for any Role without giving reasons and without prejudice to your registration with us.

6.4 We will require Client Employers to treat your Personal Information as confidential and to use it only for the purposes of the Role.

6.5 We will not contact your current employer, your referees or any third party in a manner that discloses that you are seeking employment without your prior approval.

7. VERIFICATIONS AND BACKGROUND CHECKS

7.1 Standard verifications. You consent to HIRE AND HIRE, or a service provider appointed by us, verifying the information you have supplied, including your qualifications, professional registrations, employment history and dates, and obtaining references from the referees you have nominated. You authorise the institutions and persons concerned to release that information to us for this purpose.

7.2 Credit checks. You acknowledge that a credit record may only be accessed in respect of a position that requires honesty in the handling of cash or finances, where that responsibility is clearly set out in the job description. Where those requirements are met, and only then, you consent to a credit check being conducted. Your consent alone does not authorise a credit check for any other position.

7.3 Criminal record and other specialised checks. Criminal record checks, biometric verification, polygraph testing, psychometric assessment and medical screening are not conducted under these terms. Where a Client Employer requires any such check, we will inform you and obtain your separate, specific written consent, and we will not conduct such a check on behalf of a Client Employer unless we are lawfully authorised to do so.

7.4 Where a verification produces a result that materially differs from the information you supplied, we will inform you and afford you a reasonable opportunity to respond before taking any decision.

8. SPECIAL PERSONAL INFORMATION

8.1 Client Employers may request demographic information for the purposes of the Employment Equity Act 55 of 1998. Supplying it is entirely voluntary and a refusal will not affect your representation.

8.2 Where you elect to supply such information, you consent to its disclosure to Client Employers for employment equity purposes only.

9. CONTACT ABOUT OTHER OPPORTUNITIES

9.1 You consent to HIRE AND HIRE contacting you, including by email, SMS, instant message or telephone, about Roles other than the one for which you originally applied, where in our reasonable assessment those Roles may be suitable for you.

9.2 You may withdraw this consent at any time, at no cost, by notifying us in writing. Every electronic communication we send you for this purpose will identify us and provide a means of requesting that such communications cease.

9.3 This consent is separate from and additional to the consents in clauses 6 and 7, and a refusal will not affect your registration with us.

[ ] I consent to being contacted about other suitable opportunities.

10. RETENTION

10.1 We will retain your Personal Information for five (5) years calculated from the date of our last substantive contact with you.

10.2 Where you re-engage with us within that period — by submitting an updated curriculum vitae, applying for a Role, or responding substantively to a communication from us — a fresh five-year period will commence from the date of that re-engagement.

10.3 On expiry we will delete or de-identify your Personal Information, save where we are required or entitled by law to retain it.

10.4 Nothing in this clause limits your right to require deletion under clause 17.

11. SECURITY AND TRANSFERS

11.1 We will implement reasonable technical and organisational measures to safeguard your Personal Information against loss, damage and unauthorised access, and will require any operator we appoint to do the same in writing.

11.2 Our website, forms, file storage and email are hosted in South Africa by Afrihost Internet Services. Your Personal Information does not leave the Republic of South Africa in the ordinary course of our business. Our hosting provider reserves the right to relocate a website internationally where it considers that necessary; should that occur, clause 11.4 applies.

11.3 Your Personal Information may also be transferred outside the Republic where a Client Employer is located outside the Republic. Where that applies we will tell you which country before we send your information, and obtain your consent to that specific transfer.

11.4 We will only transfer your Personal Information to a recipient that is subject to a law, binding corporate rules or a binding agreement providing an adequate level of protection, or where the transfer is otherwise permitted under section 72 of POPIA. We have a written agreement with each such provider requiring it to keep your Personal Information confidential and secure and to process it only on our instructions. We remain accountable for your Personal Information after it leaves the Republic.

11.5 If you do not consent to this transfer we will not be able to process your Personal Information at all, because our systems are hosted in this way.

11.6 If your Personal Information is compromised, we will notify you and the Information Regulator as required by section 22 of POPIA.

12. ACCURACY, HONESTY AND INTEGRITY

12.1 You warrant that all information you submit to HIRE AND HIRE, whether in your curriculum vitae, in supporting documents, in correspondence or orally, is true, accurate, complete and not misleading in any respect.

12.2 You undertake that you will not:

12.2.1 misstate or overstate your qualifications, professional registrations, employment history, employment dates, job titles, duties, remuneration, reasons for leaving employment, or disciplinary or professional conduct history;

12.2.2 submit any document that is forged, altered, fabricated or that does not relate to you;

12.2.3 assume the identity, qualifications or experience of any other person;

12.2.4 misidentify, mislabel or misdescribe any document you provide;

12.2.5 nominate as a referee any person who is not what you represent them to be, or who has not agreed to act as your referee;

12.2.6 omit any information material to your suitability for a Role, where the omission would render what you have disclosed misleading.

12.3 You acknowledge that HIRE AND HIRE relies on the accuracy of your information, that it is placed before Client Employers on the strength of that reliance, and that our professional reputation and commercial standing depend on it.

12.4 If we establish that you have breached clause 12.1 or 12.2, we may, without notice and without prejudice to any other right:

12.4.1 withdraw your representation in respect of any Role, whether or not an offer has been made;

12.4.2 inform the affected Client Employer of the position;

12.4.3 terminate your registration and remove you from our database.

12.5 You accept that you may be held liable to HIRE AND HIRE for any loss or damage we actually sustain as a result of a misrepresentation or breach of this clause 12, which may include any fee we have credited to a Client Employer or are unable to recover, the cost of conducting a replacement search at no charge to the Client Employer, wasted costs and expenses, and legal costs on the attorney and own client scale. Such a claim may be substantial.

12.6 Nothing in this clause limits any other remedy available to us or to a Client Employer in law, including in delict or for fraud, and nothing precludes the reporting of conduct that constitutes an offence to the appropriate authorities.

13. CONTINUING DUTY TO CORRECT

13.1 If, at any time after submitting information to us, you become aware that any information you have supplied is or has become incorrect, incomplete or misleading, you must notify us immediately in writing.

13.2 The notification must identify the information concerned, explain in what respect it is incorrect, and supply the correct information.

13.3 This duty subsists for as long as we hold your Personal Information and applies whether the inaccuracy arose from error, oversight or a change in your circumstances.

13.4 We are entitled to correct our records accordingly and, where the information has already been disclosed to a Client Employer, to inform that Client Employer of the correction.

14. GOOD FAITH

14.1 You undertake to act in good faith in all dealings with HIRE AND HIRE and with any Client Employer to which you are introduced, including in all communications, correspondence, undertakings and commitments given, throughout:

14.1.1 the application and screening process;

14.1.2 the interview and selection process;

14.1.3 the negotiation and acceptance of any offer of employment;

14.1.4 the signature of any contract of employment; and

14.1.5 the commencement of employment.

14.2 Without limiting clause 14.1, you undertake to attend scheduled interviews or to give reasonable notice if you cannot; to inform us promptly if you no longer wish to be considered for a Role; to inform us promptly if you accept an offer from another source; and to honour any acceptance of an offer that you have given.

14.3 You acknowledge that a decision to accept an offer and thereafter not to commence employment, or to withdraw after signature of a contract of employment, may cause HIRE AND HIRE and the Client Employer material prejudice.

15. VACANCY INFORMATION AND DEALINGS WITH INTRODUCED CLIENT EMPLOYERS

15.1 Information disclosed to you about a Role, including the identity of the Client Employer, the remuneration range and the terms on offer, is disclosed in confidence. You may not disclose it to any third party, including another recruitment agency, or use it for any purpose other than considering the Role.

15.2 Nothing in these terms prevents you from applying directly to any employer, from registering with other recruitment agencies, or from accepting employment from any source. You are free to seek and accept employment as you choose.

15.3 The undertakings in clause 15.4 apply:

15.3.1 in respect of the specific Role for which you were Introduced, until that Role has been permanently filled or has been withdrawn; and

15.3.2 in respect of any other position with the same Client Employer, for a period of twelve (12) months from the date of the Introduction.

15.4 During the applicable period in clause 15.3, you undertake in good faith:

15.4.1 to inform us in writing, promptly, if you enter into any direct discussions, negotiations or interview process with that Client Employer;

15.4.2 not to represent to that Client Employer, expressly or by implication, that you were not introduced to it by HIRE AND HIRE; and

15.4.3 not to procure, encourage or assist that Client Employer to conceal or misrepresent the fact of the Introduction, or to structure any appointment so as to exclude HIRE AND HIRE from its entitlement to a fee.

15.5 No fee is or becomes payable by you under this clause 15 in any circumstances. Any fee arising from a placement is payable by the Client Employer under separate terms of business concluded between HIRE AND HIRE and that Client Employer.

15.6 Your liability under this clause 15 is limited to loss actually sustained by HIRE AND HIRE as a result of a wilful misrepresentation or concealment on your part contemplated in clauses 15.4.2 or 15.4.3, and does not arise from your exercise of the freedom recorded in clause 15.2.

16. YOUR RIGHTS

16.1 You are entitled to:

16.1.1 request confirmation, free of charge, of whether we hold Personal Information about you, and to request a record of it;

16.1.2 request the correction, deletion or destruction of Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully;

16.1.3 object, on reasonable grounds, to the processing of your Personal Information;

16.1.4 withdraw any consent given in these terms;

16.1.5 lodge a complaint with the Information Regulator.

16.2 Requests under clause 16.1 must be directed to the Information Officer at admin@hireandhire.co.za. A request for access to a record is dealt with in terms of our PAIA Manual, available at https://hireandhire.co.za/paia-manual.

16.3 Information Regulator (South Africa) Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191 Telephone: 010 023 5200 | Toll free: 0800 017 160 General enquiries: enquiries@inforegulator.org.za POPIA complaints: POPIAComplaints@inforegulator.org.za PAIA complaints: PAIAComplaints@inforegulator.org.za

17. WITHDRAWAL OF CONSENT AND DELETION

17.1 You may withdraw any consent given in these terms at any time. The withdrawal must be made in writing and delivered to HIRE AND HIRE by way of written correspondence to admin@hireandhire.co.za or to our registered office.

17.2 On receipt of your written withdrawal we will, within a reasonable time, cease the processing to which the withdrawal relates and, where you have requested deletion, delete or de-identify your Personal Information.

17.3 Withdrawal does not affect the lawfulness of processing carried out before receipt of the withdrawal.

17.4 We may retain Personal Information after withdrawal only to the extent required or permitted by law, or as necessary to establish, exercise or defend a legal claim, and will retain only what is necessary for that purpose.

17.5 If you withdraw your consent to representation, we will be unable to continue representing you to Client Employers.

18. LIMITATION OF LIABILITY

18.1 HIRE AND HIRE is not liable for the acts or omissions of any Client Employer, including any decision not to interview, appoint or continue to employ you, or the terms of any employment offered.

18.2 We are not liable for any indirect or consequential loss, including loss of earnings, loss of opportunity or loss of profit, arising from these terms or from our services.

18.3 Nothing in this clause excludes liability for gross negligence or for any liability that cannot lawfully be excluded.

19. GENERAL

19.1 These terms constitute the whole agreement between you and HIRE AND HIRE in relation to their subject matter.

19.2 No variation or waiver is of any force unless reduced to writing and signed by both parties, save as provided in clause 3.3.

19.3 If any provision is found to be invalid or unenforceable, it is severable and the remaining provisions continue in force.

19.4 These terms are governed by the law of the Republic of South Africa, and the parties consent to the jurisdiction of the Magistrate's Court having jurisdiction, without prejudice to our right to institute proceedings in any other court of competent jurisdiction.

19.5 You choose as your address for the service of legal process the address recorded in your registration with us, and HIRE AND HIRE chooses 13A Ratanga Road, Century on Lake, Cape Town, Western Cape, 8000.

20. ACKNOWLEDGEMENT AND CONSENT

Please read this section carefully before accepting. It records obligations you assume and limits our liability.

I, the Candidate, confirm that:

1. I have read and understood these terms, and I have had a reasonable opportunity to ask questions about them.

2. My attention has specifically been drawn to clause 12 (accuracy, honesty and integrity, including my potential liability for loss caused by misrepresentation), clause 15 (my obligations in relation to Client Employers to which I am introduced) and clause 18 (limitation of HIRE AND HIRE's liability), and I accept them.

3. All information I have supplied is true, accurate, complete and not misleading.

4. I consent to the processing of my Personal Information as set out in these terms, and specifically to representation to Client Employers in identified form (clause 6), to verifications (clause 7), and to retention for the period in clause 10.

5. I understand that I may withdraw my consent at any time in writing.

Full names: ______

Identity number: ________

Signature: ________

Date: _______

Where accepted electronically, HIRE AND HIRE will record the date, time, IP address and version of the terms accepted.

ANNEXURE A — RECORD OF ROLE-SPECIFIC CONSENT

To be completed for each submission, in satisfaction of clause 6.2. May be recorded by email exchange.