1. BINDING AGREEMENT
1.1 These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and Brilliware HR (Pty) Ltd ("Brilliware HR", "Company", "we", "us", "our"), governing your access to and use of the Brilliware HR platform, website, software, and services (collectively, the "Platform").
1.2 By accessing, registering on, or using the Platform, you expressly acknowledge that you have read, understood, and agree to be bound by these Terms.
1.3 If you do not agree to these Terms, you must immediately cease all use of the Platform.
2. NATURE OF SERVICES
2.1 Brilliware HR provides an online recruitment and career services platform which facilitates:
- Job postings by employers
- Candidate profile creation and CV hosting
- Candidate-employer matching
- Recruitment workflow management
- Career advisory and related services
2.2 Brilliware HR acts as an intermediary platform and does not guarantee employment or the suitability of any candidate or employer listed on the Platform.
3. USER ELIGIBILITY AND REGISTRATION
3.1 You must be at least 18 years of age to register on and use the Platform.
3.2 You agree to provide accurate, current, and complete information during registration and to keep your account information updated at all times.
3.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. PERSONAL INFORMATION WE COLLECT
4.1 In compliance with the Protection of Personal Information Act 4 of 2013 ("POPIA"), we collect the following categories of personal information:
- Identity information: full name, date of birth, gender, nationality, identity/passport number
- Contact information: email address, phone number, physical address
- Professional information: CV, employment history, qualifications, skills, references
- Account information: username, password (hashed), account preferences
- Technical information: IP address, browser type, device identifiers, usage logs
- Communication records: messages sent via the Platform between candidates and employers
4.2 We collect personal information directly from you when you register, complete your profile, apply for jobs, or interact with the Platform, and automatically through cookies and similar technologies.
5. USE OF YOUR PERSONAL INFORMATION
5.1 We process your personal information for the following lawful purposes:
- To create and manage your candidate or employer account
- To match candidates with suitable job opportunities
- To facilitate the recruitment process between candidates and employers
- To communicate with you regarding your applications, account, and Platform updates
- To comply with applicable legal and regulatory obligations
- To improve the Platform's features, security, and user experience
- To detect and prevent fraud or unauthorised access
5.2 We will not process your personal information for purposes incompatible with those stated above without your prior consent.
6. STORAGE AND SECURITY OF PERSONAL INFORMATION
6.1 Your personal information is stored on secure servers located within or outside the Republic of South Africa. Where information is transferred cross-border, we ensure adequate protection measures are in place as required by POPIA.
6.2 We implement appropriate technical and organisational security measures to protect your personal information against loss, theft, unauthorised access, disclosure, alteration, or destruction.
6.3 Your personal information will be retained for as long as your account is active, or as required to provide services to you and comply with legal obligations. Once retention is no longer necessary, your information will be securely deleted or anonymised.
7. SHARING OF PERSONAL INFORMATION
7.1 Your personal information may be shared with:
- Employers: when you submit a job application, your profile and CV are shared with the relevant employer
- Service providers: third-party vendors who assist us in operating the Platform (e.g., email, hosting, analytics) under strict data processing agreements
- Regulatory authorities: where required by law, court order, or government directive
7.2 We do not sell your personal information to third parties.
8. YOUR RIGHTS UNDER POPIA
As a data subject under POPIA, you have the following rights:
- Right to access: request a copy of the personal information we hold about you
- Right to correction: request correction of inaccurate or incomplete personal information
- Right to deletion: request deletion of your personal information where it is no longer necessary
- Right to object: object to the processing of your personal information in certain circumstances
- Right to withdraw consent: withdraw consent for processing at any time, without affecting the lawfulness of prior processing
- Right to lodge a complaint: lodge a complaint with the Information Regulator of South Africa if you believe your rights have been infringed
To exercise any of these rights, contact our Information Officer at info@brilliwarehr.co.za.
9. COOKIES AND TRACKING TECHNOLOGIES
9.1 We use cookies and similar technologies to enhance your experience on the Platform, remember your preferences, and analyse usage patterns. You may configure your browser to refuse cookies, but this may affect certain functionality of the Platform.
10. ACCEPTABLE USE
You agree not to:
- Impersonate any person or entity or misrepresent your identity or qualifications
- Upload false, misleading, or fraudulent information
- Use the Platform for any unlawful purpose
- Attempt to gain unauthorised access to any part of the Platform
- Interfere with or disrupt the integrity or performance of the Platform
- Scrape, harvest, or extract data from the Platform without our express written consent
11. INTELLECTUAL PROPERTY
All content, trademarks, logos, and software on the Platform are the property of Brilliware HR (Pty) Ltd or its licensors. You may not reproduce, distribute, or create derivative works without prior written permission.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Brilliware HR shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of or inability to use the Platform, including loss of data, loss of income, or loss of opportunity.
13. INDEMNITY
You agree to indemnify and hold Brilliware HR harmless against any claims, damages, losses, or expenses (including legal fees) arising from your use of the Platform in violation of these Terms.
14. THIRD-PARTY LINKS
The Platform may contain links to third-party websites. We are not responsible for the content or privacy practices of those websites and encourage you to review their terms and privacy policies.
15. TERMINATION
15.1 You may deactivate your account at any time by contacting our support team.
15.2 We reserve the right to suspend or terminate your account without notice if you breach these Terms or if we are required to do so by law.
16. GOVERNING LAW
These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts.
17. DISPUTE RESOLUTION
In the event of a dispute arising from these Terms, the parties agree to first attempt resolution through good-faith negotiation before pursuing formal legal proceedings.
18. FORCE MAJEURE
Brilliware HR shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, government actions, or network outages.
19. CHANGES TO TERMS
19.1 We reserve the right to amend these Terms at any time.
19.2 Updated Terms will be published on the Platform with a revised "Last Updated" date.
19.3 Continued use of the Platform after updated Terms are published constitutes your acceptance of those changes.
20. CONTACT DETAILS
Brilliware HR (Pty) Ltd
Email: info@brilliwarehr.co.za
Information Officer: [Insert Name]
To contact the Information Regulator of South Africa:
Website: www.inforegulator.org.za
Email: inforeg@justice.gov.za
21. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior agreements, representations, and understandings.
22. SEVERABILITY
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
23. WAIVER
Failure by Brilliware HR to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.