Terms and conditions – Black Pencil Legal & Recruitment Consulting CC t/a Black Pen
[Para. 1] Purpose:
exclusions and limitations of the legal responsibility (liability) of Black Pen Recruitment (as defined
below) and impose legal obligations on you. By using the Website, you indicate your acceptance of
[Para. 2] Our Commitment:
[Para. 2.1] Black Pen Recruitment is committed to protecting and respecting your privacy. This
we wish to balance our legitimate business interests and your reasonable expectation of privacy. We
will take reasonable steps to prevent unauthorised access to, or disclosure of your Personal
Information. However, we do not guarantee that your Personal Information shall be 100% secure.
[Para. 3] Your agreement with us:
[Para. 3.1] By continuing to use the Website which is accessible at [https://blackpenrecruitment.co.za/]
may Collect Personal Information for the purposes of providing you with access to our Website and
please do not continue to use the Website and/or to provide us with any Personal Information.
[Para. 4] What types of Personal Information do we Collect?
[Para 4.1] The types of Personal Information that we may Collect includes information necessary for
our legitimate business interests and categories of personal information identified in relevant data
protection laws in the Republic of South Africa, including the Protection of Personal Information Act,
2013 ("POPI "). The types of personal information include identifiable information such as your first
and last name, your email address, postal address, your qualifications and job experience, your
telephone number, cellphone number, date of birth, and any other information which is necessary in
order to facilitate finding you employment with a suitable employer ("Personal Information "). We
may also Collect other information, including your interests, preferences, geographical location and
demographics (e.g., age, race, gender, and income information). We may on occasion combine
Personal Information we receive from publicly available records and information you disclose to
carefully selected third parties to develop a customer profile relating to you. We will attempt to limit the
types of Personal Information we Collect to only that to which you consent (for example, in the context
of online registration, message boards, surveys, and polls) and which is necessary for our legitimate
business interests. When you visit our Website, our web server also automatically records the name
of your ISP (Internet Service Provider), the website from which you visit us, the pages on our sites
you visit and in what sequence, and the date and length of your visit. This information is aggregate
and anonymous data and does not identify you specifically.
[Para 5] How does Black Pen use your Personal Information?
[Para 5.1] We may use your Personal Information to:
[Para 5.1.1] provide services and products that you request (e.g. send you by email or other electronic
means of industry related newsletters, news or other products, services or news in which you express
career opportunities, products, services, offers, promotions and promotional competitions (whether
SMS, mail or email) which you may find interesting, subject to paragraph 6 below; respond to any
queries or questions that you may have; develop an online customer profile; understand general
customer trends and patterns so we can develop and support existing and ongoing marketing
strategies for our products and services; and for security, administrative and legal purposes.
[Para 5.1.2] Where you choose to receive mobile services and content via SMS, MMS and other
mobile services, we use this information to deliver such mobile services and content to you, to carry
out market research, to track sales data and to plan other promotional activities which may be of
interest to you.
[Para. 6] What about Personal Information that is publicly available?
[Para 6.1] If at any time our Website offers any chat rooms, message boards, blogs, newsgroups or
forums, etc., we Collect the information that you disclose. Such information will be used in accordance
Information which you make available to such third parties through any chat room, message board,
blog, newsgroup or forums, etc. on our Website.
[Para. 7] Will my Personal Information be used for marketing purposes?
[Para 7.1] Provided that you have given us prior consent, we may use your Personal Information for
the purposes of:
[Para 7.1.1] marketing of our own products or marketing of products and services on behalf of
selected third parties, if you have agreed to your details being passed onto third parties. This would
include the provision of industry related newsletters, news or other products, services or news in
which you express an interest, via any form of electronic communications (such as email and/or
[Para 7.1.2] You are entitled to request that we do not use your Personal Information for the purposes
described in paragraphs 7.1.1 and you may opt-out from receiving any further marketing, newsletters
or any other information which might be of interest to you at any time.
[Para. 8] What security measures are in place to protect my Personal Data?
[Para 8.1] Although absolute security cannot be guaranteed on the Internet, we have in place
reasonable technical and organisational security measures to protect your Personal Information
against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised
disclosure or access to the information we Collect. While we cannot ensure or warrant the security of
any Personal Information you provide us, we will continue to maintain these security measures over
time in line with legal and technological developments as required by applicable law, including POPI.
[Para. 9] How will Black Pen Recruitment store my Personal Information?
[Para 9.1] We store your Personal Information in the Republic of South Africa, and we will take the
necessary steps to ensure that your Personal Information is adequately protected in that jurisdiction.
Your information will not be stored for longer than is necessary for the purposes described in this
[Para. 10] Will my Personal Information be shared with anyone else?
[Para. 10.1] Third parties: We may disclose Personal Information about you to other third parties to
comply with applicable laws and regulations. We also reserve the right to disclose such Personal
Information to third parties where a complaint arises concerning your use of our Website and where
We also share information about users of this Website in an anonymous or aggregate form (this
means that your Personal Information will be de-identified) with third parties including advertisers and
business partners, to understand customer trends and patterns and manage and improve our
business relationships. We provide your Personal Information to third party processors to administer
details with carefully selected third parties (such as auditors or legal advisors) to obtain professional
advice. Any such processing will be governed by an agreement in the form required by law,
preserving any and all of your statutory data protection rights.
[Para. 11] Links, advertisers, promotions, third party sponsors & ad-servers: Our Website may
practices may be different from ours ("Third Party Websites "). Users should consult the other sites'
privacy policies and data protection statements on such Third Party Website before submitting any
Personal Information, as we are not responsible for and have no control over Personal Information
that is submitted to, or collected by, these Third Party Websites. On this Website, we sometimes offer
content or programs that are sponsored by or co-branded with identified third parties (e.g.,
competitions or promotions). These third parties can obtain Personal Information that you voluntarily
submit to them to make use of the offer. We are not responsible for the collection and use of your
Personal Information by these third parties. However, you will be informed, at the point of collection of
such personally identifiable information, if these third parties will obtain such information, how it will be
processed and to whom it will be transferred. On our Website, third parties may present or serve
advertisements, provide us with data collection, reporting and ad response measurement, as well as
assist with delivery of relevant marketing messages and advertisements. These third parties may
view, edit, or set their own cookies. The use of these technologies by such third parties is subject to
We may send "cookies " to your computer or use similar technologies to enhance your online
experience at our Website and across the Internet. Cookies make surfing the web easier for you by
saving your preferences and, tracking your online habits, traffic patterns, and making sure you do not
"cookie" on your browser to store and sometimes track information about you. We may also use "web
beacons " that monitor your use of Website. Web beacons (or web bugs) are small strings of code
that provide a method for delivering a graphic image on a web page for the purpose of transferring
data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which
the web beacon appears, the URL (Uniform Resource Locator) of the page on which the web
beacons appears, the time the page containing the web beacon was viewed, the types of browser that
fetched the web beacon and the identification number of any cookie on the computer previously
placed by that server. When corresponding with you via HTML capable e-mail, web beacons let us
know whether you received and opened our email. On their own, cookies or web beacons do not
contain or reveal any Personal Information. You may change the settings on your browser to refuse or
prevent the use of "cookies " or "web beacons ":
cookies: while most browsers are initially set up to accept cookies you can reset your browser to
refuse all cookies or indicate when a cookie is being sent;web beacons: by setting your web browser
to display HTML emails as text only, you may be able to prevent the use of some web beacons.
However, it is important to note that certain areas of our Website can only be accessed in conjunction
with cookies or similar devices.
[Para. 13] Use of the Website by children
This Website is accessible to children under the age of 18. We require children to consult with their
parents before providing Personal Data. We also encourage parents to supervise their children's
online activities by, for example, adopting parental control tools available from online services and
software manufacturers that help provide a child-friendly online environment. These tools can also
prevent children from disclosing online their name, address, and other Personal Data without parental
permission. We encourage parents to talk to their children about the use of the Internet and
information they disclose to websites.
or technology or changes in our practices regarding the collection and use of Personal Information. If
always informed of the latest version. We will not use or disclose Personal Information provided to us
and providing you with the opportunity to consent to such modified conditions concerning the use and
disclosure of your Personal Information.
[Para.15] Governing law
or by order of a court of competent jurisdiction it shall be deemed deleted and the continuation in full
force and effect of the remainder of the provisions will not be prejudiced unless a court of competent
case you may contact Black Pen Recruitment firstname.lastname@example.org .
[Para. 16] How can I contact Black Pen Recruitment and find out what Personal Information
Black Pen Recruitment holds about me?
To see the Personal Information, we have collected through our Website that relates to you, to cancel
it and/or to correct or update this Personal Information, please email us email@example.com . In
addition, we will always give you the opportunity to update your preferences regarding our use of your
free to contact us at firstname.lastname@example.org.