We know that this legal jargon is not fun to read, but at the end of the day our Terms of Use defines our relationship with you.

Terms

• • All CVroad services that facilitate applications for employment are free of charge.
  
  
  • Certain ancillary products and services may attract a transaction fee that is payable at the execution of the transaction.
  
  
  • Your telephone or Cellular Service Provider will charge all telephone calls that you make to CVroad’s telephony based facilities at their normal rates.

Conditions

• • You indemnify CVroad against all claims, actions, suits, liabilities, costs and expenses incurred on any account as a result of the listing or intended listing of any resumé by you on www.CVroad.co.za to the extent that applicable law allows.
  
  
  • CVroad makes every effort to ensure that Applicant Data is treated in the strictest confidence, however, you will not hold CVroad responsible if your resumé was unlawfully copied from the CVroad website through nefarious means and/or distributed without consent.
  
  
  • Access to the candidate resumé database is available only to CVroad Dealer customers who have been approved for resumé search capabilities to search the CVroad database. Such CVroad customers may access the candidate resumé database solely for the purpose of identifying candidates whose work preferences for location, category, industry and occupation match the customers’ current vacancy advertisements with CVroad. While CVroad will make every effort to ensure that CVroad customers adhere to this undertaking, you herewith indemnify CVroad against wrongful conduct, of any kind, by CVroad dealership customers, to the furthest extent of the law.
  
  
  • While CVroad will implement precautionary measures to ensure that the CVroad website is free from viruses, CVroad cannot and does not guarantee or warrant that files available for downloading through the site or delivered via electronic mail through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient protective software on your system that will satisfy your particular data security requirements and for maintaining a means external to your workstation for the reconstruction of any lost data.
  
  
  • You agree to take precautionary measures to ensure that your resumé on CVroad is free from viruses or other destructive code.
  
  
  • CVroad reserves the right to either reject or remove any resumé from its site(s) for any reason whatsoever.
  
  
  • You agree to present yourself truthfully in your resumés on CVroad.
  
  
  • CVroad makes every effort to deliver applications to vacancies in the shortest possible time. You will however not hold CVroad liable for any loss or damage as a result of any failure or delay in the delivery of an application for employment to an advertiser.
  
  
  • You agree, at all times, to deal with any information or products provided by CVroad in a manner which abides by all applicable laws of South Africa, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).
  
  
  • To the fullest extent permitted by law, CVroad and its associates exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on any services provided by CVroad or its associates. CVroad and its associates at all times limit their liability to the re-supply, where possible, of services not properly rendered; and where the re-supply of the service is not possible, to the refund of moneys paid for such services. CVroad will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to your actions or omissions.
  
  
  • You agree to keep CVroad and it's associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against CVroad as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by CVroad to you, to the extent that applicable laws allow.
  
  
  • You may not assign or transfer your rights and obligations to any other person without CVroad’s prior written approval (which will not be unreasonably withheld).
  
  
  • This agreement is governed by the laws of South Africa. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of South Africa, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
  
  
  • CVroad retains all intellectual property rights contained in the data stored on CVroad and services provided by CVroad, and you agree not to infringe any of CVroad’s rights without CVroad’s prior written consent. This includes the use of public domain information represented on CVroad.
  
  
  • In order for all of our functionality to work correctly you will need to enable pop-ups for the CVroad website.
  
  
  • You agree not to use the CVroad infrastructure or technology to market any service to CVroad.

1. Newsletter

We may send you email-newsletters regarding CVroad’s Services which are similar to CVroad’s Services that you already use, if you have not objected to such newsletters. You may at any time object to all of CVroad’s newsletters free of charge. We will inform you about your right of objection when we collect your email-address and in the respective newsletter. Should you no longer wish to receive our email messages, please click the unsubscribe link located within each message.

2. User Account

Certain services are only available for registered users of a user account. How to register for a user account is described in section 10 below.

5. User Profile

You can create a personal profile (“user profile”) within your user account. You can add information to the profile that is related to your CV, as well as your own attachments, such as CV or certificates. If you upload attachments to complete your profile, we analyse their content and structure in an automated process and use this analysis to improve the services we provide to you. We also use the data you provide us with to recommend jobs on our platforms based on your profile data and tailored to your needs or to send you notifications as described in section 1 – Notifications. We may also use your profile data to automatically fill out forms for other services and that we offer on our platforms and which may be linked to the user profile, if you wish to use these services. Additionally, we use information stored in your profile to improve your search experience. We also store analytical data about you and your user behaviour, together with a pseudonymous user ID, in a statistical database, whereby you are not identifiable. You can choose between two visibility settings: Your profile can be visible to Dealerships/Employers. You can change this setting at any time.

In setting your profile visibility you will make it accessible to these dealerships, including its contents. In doing so, you grant candidate-profile-customers access to your profile and its attachments (including a search and download function), as well as the date of your last activity and sensitive information such as ID, age, race etc. Candidate-profile-customers are CVroad-Customers who have purchased access to CVroad’s candidate database or are otherwise authorised to use it or other services to fill vacant positions; they may be employers. We may also analyse your profile in order to actively present all or part of it to candidate-profile-customers. As CVroad-Customers from all over the world can purchase access to CVroad’s Candidate Database, it is possible that the CVroad-Customer is located outside the Republic of South Africa or EU or the European Economic Area (“EEA”), which is why data may also be transferred to such third countries. If you set your profile to “be visible”, you grant candidate-profile-customers access (including a search and download function) to parts of your profile and its attachments, as well as the date of your last activity, and disclose this information to them. It is also possible that we analyse a partially active profile in order to actively present it to candidate-profile-customers. Since CVroad customers from all over the world can purchase access to the Candidate Database, CVroad customers may be located outside the Republic of South Africa and outside the EU or the European Economic Area (“EEA”), and therefore access and disclosure may also take place from and transfer to such third countries. All data that you have entered as part of your profile is fully accessible to candidate-profile-customers.

6. Storage Capacity

We do not guarantee or warrant any minimum storage capacity for your profile. We reserve the right to limit the data volume for data uploads temporarily or permanently, especially if this is necessary for technical or user-friendliness reasons, for example to maintain or optimise the service.

p style="padding-left: 40px;">7. Applications through User Account

You can use your profile to apply for jobs offered on the CVroad-websites or in the apps, provided that the CVroad-Customer has chosen to allow applications via the platform for the respective job offer. We use your profile data to automatically fill in certain fields of the application form. Once you have clicked on the respective button, we will either, depending on the CVroad-Customer’s choice, i) store the data you entered in the application form on the CVroad platform so that the respective CVroad-Customer can access it there, or ii) transmit your application directly to the CVroad-Customer’s application management system. If we store your application on our platform (i)), the CVroad-Customer to whom you have applied will also have access to your profile and will be able to view the information you have entered in your profile . If your application is sent directly to the CVroad-Customer’s system ( (ii), the application will not be saved in your profile. Since CVroad-Customers from all over the world can post job offers on our platforms, it is possible that the respective CVroad-Customer is based outside the Republic of South Africa and outside the EU or the European Economic Area (“EEA”), and therefore access and disclosure may also take place from and transfer to such third countries.

8. Storage of CV Data in your Profile

In the event that the CVroad Customer does not use its own applicant management system to process your application, but instead uses the CVroad-Platform, your application, including the respective attachments, will be stored within your user account in a history that you can access at any time. Information from your applications or information that you provide in order to use CVroad services is automatically used to complete your own profile with information, if information is missing. You may also change or delete the existing CV.

9. Modification and Discontinuation of Services

In order to balance the interests of users and CVroad-Customers, to ensure the usability of the platform and to adapt it to the conditions of the market, it is essential to continuously develop the CVroad-Platforms. It is therefore possible that services may be modified or discontinued. The user has no legal claim to the continuation of a service, a display or the functionality of the platform. If you do not agree with a modification or discontinuation, your only remedy is to terminate this agreement according to section 12 and to refrain from using the CVroad platforms.

10. Registration of User Profile

10.1
If you want to register for and create a User Profile, you must provide a valid email address and a password to us, which we will store.

10.2
After we received your application to create a User Profile we confirm the receipt of such application with a message to the email address provided by you. The agreement for your User Profile between you and us comes into effect when we activate your User Profile. The completion of the registration by you only constitutes an offer to enter into a contract. CVroad reserves the right to accept or decline the conclusion of the contract in its own discretion. There is no right to claim a conclusion of a contract.

10.3
You must provide the requested information and data completely and truthfully. You are responsible to keep your contact data (especially your email-address) up to date and to secure that you can be contacted under the address provided and that the email-address is not transferred to another person. Should any of the provided data change, you must adjust and correct the data immediately. In the event of incomplete or false information provided by you, CVroad shall have the right, to block your account and the access to our platform temporarily or permanently and/or terminate in accordance with section 12 herein.

10.4
Each User must only create one account. The account is not transferrable.

10.5
Once the User creates a User Account it is permanently available for the User. However, the User can terminate this contract anytime and delete his Account via by messaging CVroad. A User Account may however be deleted after a certain amount of being inactive. CVroad also reserves the right to remove any duplicate, inactive accounts older than 6 months from our database, to ensure a good experience for our CVroad-Dealerships.

11. No Warranty; Backup Copies

11.1
We do not warrant the currency, accuracy, completeness, usability, suitability for a certain purpose of content on our Platforms. We also do not warrant for the conclusion of an employment contract between Users of our Platforms as applicants and an employer.

11.2
CVroad does not warrant that the Services offered by us are available at certain times or permanently. Disturbances, interruptions or possible downtimes of the (online) Service cannot be excluded. Because of technical or operational reasons, a temporally limitation of the availability is possible. This is especially possible with regard to the capacity limits, the security or integrity of the data processing systems or the implementation of technical measures, which are necessary for a regular or improved performance.

11.3
CVroad’s servers are backed up regularly and carefully. Nevertheless, data losses are not excluded. Insofar as you transmit or upload data – regardless of the form we advise you to make backup copies. This also applies to the event that you terminate your contract with us, because we don’t retain a copy of your data after the deletion, subject only to statutory storage obligations.

12. Term and Termination

12.1
The agreement with you regarding the user account and the services provided under it as well as notifications regarding services under this agreement is made for an unlimited period of time. Either party may terminate this Agreement with immediate effect and without cause.

12.2
If the agreement on the user account or notifications of services ends, we will delete your personal data that we have stored or store your data in anonymous form for analytical purposes, unless processing is required by law and for another purpose.

13. Applicable Law, Place of Jurisdiction and Other Provisions

13.1
This agreement and its interpretation shall be governed by South African law.

13.2
If any provision of these Terms of Use is found to be invalid or unenforceable in whole or in part, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any other provision of these Terms of Use. In such event, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision.

13.3
You consent to the jurisdiction of the Magistrate’s Court of South Africa in respect of all disputes arising from or in connection with these terms and conditions. Despite this, CVroad may institute proceedings in any other South African Court in which event it will not be limited to costs on the applicable Magistrates’ Court scale.

 

Terms and Conditions – Advertisers

1. Scope

1.1
CVroad.co.za (hereinafter referred to as “CVroad”) and the business partner, mentioned in the respective contract (hereinafter referred to as “customer”), agree to fulfil the performance of their contract pursuant to these terms and conditions and the price list. CVroad’s terms and conditions, together with the additional terms, the documents referred to therein and the price list contain the whole agreement between CVroad and the customer. Any terms and conditions of the customer do not apply, unless CVroad explicitly consents to them in writing, regardless of whether they represent a substantial amendment of the offer.

1.2
The version of CVroad’s terms and conditions in force at the time of the last concluded contract with the customer, shall apply to the relationship between CVroad and the customer. These terms and conditions only apply to business customers and not to consumers.

2. Conclusion of Contract

2.1
The contract is concluded when CVroad receives the signed acceptance of the contract offer, which shall contain the date, company stamp or signature of the customer. Amendments and additions to the contract as well as statements and individual instructions must be made in writing. Conditioning out the written form requirement also requires written form. If CVroad receives the acceptance of the contract offer after the end of a deadline for the offer, this shall be deemed a new offer made by the customer. The contract is then concluded by acceptance by CVroad which will either be made explicitly in text form or implicitly by provision of the services.

2.2
The contract between the parties shall come into effect when the customer avails itself of a service via CVroad’s website. Order acceptance is performed by way of a separate e-mail once payment has been confirmed.

2.3
If the parties enter into a contract by telephone, the customer receives a written confirmation by e-mail including the terms and conditions agreed by telephone. No further declarations by the parties are required.

2.4
A contract shall also come into effect if CVroad receives a CVroad order form signed by the customer by post, fax, e-mail or other electronic form or CVroad provides written confirmation in a different form on the basis of the order form.

3. Description of services

3.1
The contract obliges CVroad to provision the products and perform the services agreed upon in the contract, displayed at www.CVroad.co.za, (“service elements”) in accordance with these terms and conditions. The publishing period in relation to access to application service provider products shall be at least 20 hrs per day. The description of services in our additional terms and conditions applies in addition.

3.2
The contract entitles CVroad to use customer data for trend analysis and surveys, however, results shall be published anonymously.

3.3
Non-competition clauses are not accepted.

4. Remuneration

4.1
Payment for the services performed by CVroad is set out in the price list given to the customer. The price list published in the dated proposal at the time the offer was made to customer shall prevail. Services that are not included in the CVroad price list are subject to individual agreements between CVroad and the customer.

5. Conditions of Payment

5.1
Payment referred to in section 4, includes all additional costs such as e-mails, telephone calls, fax, data transmission, copies and postage which are usually incurred. CVroad will inform the customer if the additional costs exceed the average amount in relation to individual orders. The customer is obliged to pay CVroad for these additional costs if he has consented to them.

5.2
If a service element contains an error, the first correction of the incorrect service element is free of charge provided that the error was not caused by the customer’s faulty performance. Thereafter every additional correction shall be charged for according to CVroad’s price list valid at the time when the order for correction was made. However, if CVroad makes a mistake in the first correction, the first additional correction shall be free of charge.

5.3
The customer will be invoiced immediately upon conclusion of contract unless otherwise expressly agreed in writing. CVroad reserves the right to demand advance payment. Payment is due as per “Payment Terms” stated in the accepted proposal, without deductions.

When a default in payment or a deferment of payment has occurred interest will be charged at the rate of 9% above the REPO Rate of the Reserve Bank of South Africa and collection costs will also be charged. In the event of a default in payment, CVroad can suspend further performance of the contract until the payment has been made in full. This shall not apply if the customer is entitled to assert a right of retention. If the parties agreed on payment by instalments, and an instalment is not paid 30 days after the due date, the whole of the remaining amount shall become payable immediately.

5.4
All prices exclude any VAT legally payable on the date of the invoice.

5.5
If payment is made from abroad, payment by bank transfer from abroad will only be accepted if all bank fees and expenses are paid by the customer.

5.6
Any payments made by the customer will be credited against the oldest outstanding invoice. CVroad may refuse to fulfil its services until customer has made all outstanding payments.

5.7
We reserve the right to send all invoices and correspondence in relation to invoices such as but not limited to dunning letters only as an attachment in an email. On that account, the customer undertakes to provide CVroad with a valid email address and to promptly inform CVroad of any changes in email address.

5.8
We also reserve the right to use debt collection companies and the right to provide them with the required information to collect the payment. We reserve the right to claim the costs resulting from the legal action from you.

6. The Basis of Cooperation

6.1
CVroad is committed to continually optimise the number of responses to advertisements of the customer and to improve the quality and quantity of the searchable applications. This includes:

• • Working together with several cooperation partners in all media (including online, offline, TV, mobile and moving pictures media and any new forms of exploitation). The customer hereby gives CVroad the right to publish service elements without prior notice in online and offline media, print media and audio and video media. CVroad pays special attention to the image and quality of its cooperation partners:
  • Ensuring a user-friendly readability on all devices by optimising the display of advertisements.

6.2
The customer’s rights under this contract are neither transferable nor assignable. The contract can only be transferred to a third party with CVroad’s consent.

6.3
As far as CVroad has obtained the customer’s email address in connection with an order, CVroad may, also after the end of the contract, send information, questionnaires and other commercial communication concerning similar services provided by CVroad via email. The customer may opt out at any time with effect for the future without any form requirements and free of charge. CVroad will inform about the right to opt out in every email.

6.4
The customer undertakes to provide all information and other documentation required for achieving the objectives set out in the contract. This includes, in particular, the delivery of advertisement texts and layouts in a digital form. This also includes the customer’s obligation to immediately inform CVroad if one of the service elements becomes outdated. Furthermore, the customer is obliged to fulfil the requirement to co-operate as described in the corresponding additional terms and conditions or, when available, as described in the product descriptions for the various service elements. If these requirements are not fulfilled in time, CVroad’s period of performance shall be prolonged accordingly.

6.5
The customer shall ensure that he receives emails from CVroad unobstructed and will set CVroad as “trusted server”. This shall avoid that online applications, which are sent through CVroad’s online application form, are filtered by customer’s spam filters. The same applies to correspondence under this agreement.

6.6
CVroad reserves the right to not execute orders placed by the customer or to withdraw service elements that have already been published if they breach legal provisions, official regulations, the rights of third parties or good morals or the terms and conditions of CVroad (“illegal content”). This also applies if links included in the customer’s service elements lead directly or indirectly to pages containing illegal content. The customer’s payment obligation remains unaffected. CVroad shall only be obliged to remove illegal content that breaches legal provisions and/or at the request of the customer. The customer undertakes to indemnify CVroad and hold CVroad harmless against all payments and legal costs incurred due to illegal content or breach of law on first demand.

6.7
In particular this includes following content:

• • If the candidate has to make payments or investments (including training and/or travel fees), this must be made explicitly clear in the service element. The same applies where a commission is paid for the attraction of new members to a closed system.
  • Service elements must refer to a specific vacant position or job.
  • Ads for club memberships and ponzi schemes, pyramid sales or similar are not allowed. Websites that are linked to, must comply with legal requirements, and must in particular have a section that contains the legal information needed in accordance with South African statutory and case law.
  • Service elements must not violate anti discrimination law.
  • Even if the aforesaid requirements are met no content must be published besides the content related to the position or job that is irrelevant to the job search, such as e.g. competitions, events without career relevance, mere sales campaigns etc.

If these requirements are not fulfilled the content shall be deemed Illegal Content as per clause 6.6.

6.8
CVroad bears no responsibility for received data, texts for advertisements or the corresponding storage media, and in particular is not obliged to preserve or return these items to the customer. The customer is responsible for compliance with the applicable statutory provisions relating to the content it supplies. The customer further warrants that the content of the adverts breach neither any statutory prohibitions nor third-party rights.

6.9
CVroad is entitled to use vicarious agents.

6.10
The customer is responsible for configuring and arranging his infrastructure in accordance with the prevailing state of the art so that it becomes neither a target nor a source of disruptions which could affect the Internet service supplied by CVroad or trouble and fault free network operation in general.

6.11
The customer guarantees that all of his content or parts thereof published by him on the Internet or given to CVroad for publication are not encumbered by third party rights. The customer shall indemnify CVroad and hold CVroad harmless against any damage CVroad suffers from an infringement of this provision by the customer on first demand.

6.12
For job service elements that are published or used at websites that are not operated by CVroad additional requirements and restrictions may apply. Please be informed that in other countries certain additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by CVroad are provided upon request.

7. Intellectual Property Rights

7.1
This contract does not transfer any (intellectual) property right, license or right of use from CVroad to the customer. All of CVroad’s rights (including but not limited to copyright, trademark rights, sui generis database rights, logos, titles as well as any other commercial rights) remain CVroad’s (intellectual) property without restriction.

7.2
All material and content published by CVroad is subject to CVroad’s intellectual property rights (copyright, trademark rights and sui generis database rights), except for the individual elements of such material and content designed by the customer or a third party that are already subject to a customer’s or third party’s intellectual property rights and that have not been modified/revised by CVroad.

7.3
By placing the order for publishing job listings on the Internet, obtains the sole database right to the customer’s job listings published in the database by CVroad.

7.4
The customer is responsible for ensuring that the content to be published complies with press law, competition law, data protection law and other applicable provisions and rules intended for publication that it provides.

7.5
By placing the order, the customer warrants and guarantees that he has obtained all necessary exploitation rights, copyrights and ancillary copyrights that are required for the publication of his data and content on the Internet.

8. Warranty, Malperformance

8.1
CVroad warrants that it will fulfil the services ordered by the customer to be rendered by CVroad on the Internet in a manner that complies with usual technical standards.

8.2
Warranty claims shall neither exist in case of immaterial deviations from the agreed quality nor in case of immaterial impairment of the usability. The customer shall notify possible defects in writing immediately and at the latest 7 days after the service elements have been put on the Internet. If CVroad’s is liable for a defect of a service element, CVroad shall initially correct the defect by displaying the service elements for a longer period. Only if this measure fails, the customer is entitled to claim a price reduction for that specific element. Upon CVroad’s request the customer must inform CVroad within a reasonable period if he insists on the delivery of the services or if and what other rights he claims because of the delayed services.

8.3
All liability claims shall become time barred after one year of the date on which the customer was aware or should have been aware without gross negligence of the customer giving rise to such claim.

9. Liability

9.1
CVroad shall be liable for damages – irrespectively of their legal basis – in case of gross negligence and intent as well as for damages because of death, injuries of the body or health, if CVroad has fraudulently concealed a defect or guaranteed its absence as well as for claims under product liability law. In other cases CVroad shall only be liable for damages resulting from the violation of an essential contractual obligation (an obligation that must be fulfilled to enable the correct execution of the agreement and which the customer may usually trust and may trust that it will be fulfilled); however, in this case the liability is limited to usual damages foreseeable under the contract.

9.2
In case of a violation of CVroad’s obligations that is not a defect; the customer may only withdraw from or terminate the agreement if CVroad is responsible.

9.3
If a claim is raised against the customer by a third party because of an alleged infringement of patents, copyrights, trademarks or business secrets because of a service provided by CVroad (“IPR-infringement”), CVroad shall indemnify the customer from all costs (including reasonable costs for legal defence) and claims that occur to the customer due to final decisions of a competent court or any settlement agreement entered into by CVroad, provided that (i) the IPR-infringement has not been caused by the customer, e.g. in case of publication of illegal content as per clause 6.6, (ii) CVroad remains the full control in defending any claims because of an IPR-infringement and (iii) the customer provides reasonable support and all information to enable CVroad to fulfil its obligations hereunder. The indemnification in this clause shall not apply for any measures or declarations that have been made without CVroad’s prior approval and shall not apply if the customer continues an IPR-Infringement after he has been informed of changes or modifications that would have avoided an infringement. If an IPR-Infringement is determined by a competent court or if CVroad considers an IPR-Infringement possible, CVroad may in its discretion either (i) at its own expense replace or modify its services so that no IPR is breached, (ii) obtain an exploitation right to use the IPR for the customer or (iii) if measures according to (i) and (ii) are not reasonable or possible, terminate the agreement with immediate effect. The customer shall immediately inform CVroad in writing, if it becomes aware of such breaches of third party IPR.

10. Confidentiality and data protection

10.1
Both parties shall treat as confidential all information delivered pursuant to this contract which is marked confidential or if this arises from the nature of the information. This obligation shall also continue after this contract has expired.

10.2
Upon accepting the offer, both parties agree to mutually comply with all applicable privacy and data protection laws.

10.3
The customer is advised in accordance with data protection laws that CVroad stores its data in a machine readable form and uses it according to the purposes of this contract.

10.4
It is the customer’s responsibility to treat any ID, password or username or other security device provided for the use of the services with due diligence and due care and to take all necessary steps to ensure that they are kept confidential, secure, are used properly and are not disclosed to unauthorized persons. The customer will be held responsible for any usage of his password or his username by third parties unless the customer provides evidence that the access to such password or username by such third parties has not been enabled by him and that the cause of any such access attained does not lie within his sphere of influence. The customer must immediately inform Pnet if it is likely or has become known that someone not authorized is using his password or username or if they are being or are likely to be used in any unauthorized way. In the event of a breach of any material obligations of the customer under this contract, in particular including but not limited to the infringement of any obligation described in this section, Pnet is entitled to immediately interrupt the operation of its services without further notice and without releasing the customer from any payment obligations.

10.6
If the customer uses its own application tracking system (“ATS”) and selects the option in which applications are transferred directly to customer’s ATS through its website, the customer is the sole responsible party with respect to candidates’ personal information. CVroad does not process any personal information on behalf of the customer or the other way around. CVroad also has personal information about the candidate who applies, but this is due to a contract between the candidate as a registered user of our platform, which contains different career-related service, such as the possibility of application management. In terms of data protection law, the aforementioned reflects a “controller-to-controller relationship”, where no further contract is required.
In the case that the customer select the usage of the standardised application form operated by CVroad on its platforms, CVroad forwards (and therefore processes) the candidate’s application to the customer to fulfill its contractual obligation towards the customer. CVroad therefore processes personal information on behalf of the customer as an Operator as defined in Section 1 of the Protection of Personal Information Act, 2013 (“POPIA”). In accordance with the POPIA a written contract is required to be in place when a third party processes personal information on behalf of the Responsible Party (Section 21 (1) POPIA) and which addresses Section 20 and 21 of the POPIA. The contract to process personal information on customer’s behalf from chapter Data Processing Addendum (DPA) of these terms and conditions apply in this respect.

10.7
In the context of the use of the Application Tracking System, the customer uses a system operated by CVroad, to manage its candidates and automate its recruitment. Therefore, the customer is the responsible party for the personal information, processed within the ATS, provided by CVroad, which is the Operator in the meaning of Section 1, 21 (1) POPIA. The contract to process personal information on customer’s behalf from chapter Data Processing Addendum (DPA) of these terms and conditions apply in this respect.

10.8
Where the customer uses the Recruiter Space to process a candidate’s application, CVroad processes the candidate’s personal information within the scope of Section 1 POPIA. The processing of the candidate’s personal information within the candidate’s user profile is based on a contract between the candidate and CVroad. CVroad cannot process candidate’s data at the direction of only the candidate or the customer. Since CVroad and the customer process the candidate’s (personal) information on CVroad’s platform, CVroad and the customer are jointly responsible according to Section 1 POPIA. Chapter Joint Controllership Addendum of these terms and conditions applies, since CVroad and the customer process the candidate’s personal data in conjunction and there is joint controllership.

11. Cease and desist undertakings or court orders

11.1
If the customer has received a cease and desist letter due to a product published at CVroad, gave an undertaking to cease and desist from certain advertisement (- content) or if a respective court order, judgement or any other court decision has been served, the customer is required to inform CVroad immediately in writing about this. If the customer fails to inform CVroad, CVroad shall not be liable. The customer shall then be required to indemnify CVroad on first demand against claims of third parties and shall hold CVroad harmless from any eventual damages.

12. Term

12.1
This agreement shall be take effect at the point of the conclusion of the contract unless an agreement to the contrary has been made. This contract terminates automatically after the agreed period has expired, unless the additional terms and conditions set out below contain different provisions.

12.2
Service elements can only be ordered during the agreed contractual period. The customer’s right to order service elements which have not been claimed before the termination of the contract shall end with the termination of the contractual period.

Advertisements

1. Description of services

1.1
These additional terms and conditions for job listings, banners and company presentations (“advertisements”) apply in addition to our general terms and conditions and prevail in case of doubt. CVroad shall publish advertisements on the Internet on behalf of the customer in HTML format. The advertisements may embed GIF, JPEG or PNG files. Other graphical formats and embedded files are not possible.

1.2
The content to be published must comply with following requirements; otherwise they are considered as illegal content with the consequences as per clause 6.6 of CVroad’s general terms and conditions:

• • Within a job ad only links to the contracted company’s online presence are allowed.
  • Text references and/or links within a job ad to further job offers that are not published at CVroad are not permitted. This includes the vacant jobs section at the customer’s website.
  • The request for unsolicited job applications is not permitted.
  • Links to competitors of CVroad are not allowed unless the customer itself is competitor of CVroad and links to its own online presence.
  • All content of a job ad must be directly visible to the user. Unless explicitly offered by CVroad as part of Certain advertisements, interactive elements, which are controlled by e.g. clicks or mouse over, and the Customer’s own tracking codes are not permitted. In any case links which lead to external pages must be designed in such way that it is perceivable that they link to external pages.
  • Links are permitted only as “no follow” links, i.e. they must be set in such way they are not used by search engines to evaluate the link popularity.
  • All content of a job ad as must be handed over to CVroad and must not include frames or any other forms of download via other servers.
  • Taking any influence outside the options provided by CVroad (indexing and categorization, title and visible text of the ad) is not permitted. This includes in particular without being limited thereto invisible texts (e.g. white text in front of white background, text behind a picture, use of a CSS to conceal text, use of font size 0) and invisible links.
  • Indexing and categorization, title and visible text of the ad must relate to the position offered in the ad.
  • A job advertisement must contain the company name and a description of the company, a job description, a profile of requirements, the place of work and a way to apply, unless otherwise contracted with CVroad.
  • The job description must not refer to different jobs. It must contain the job title and describe the job and tasks. The job description must describe the vacant job correctly and must not be misleading. The advertised job must not be amended during the term of publication, additional places of work may not be added during the term of publication. In case of non compliance CVroad reserves the right to charge an additional amount subsequently instead of the consequences as per clause 6.6 of the general terms and conditions.
  • A job advertisement may not be published in different language versions and all content needs to be published in English.
  • Job advertisement placed on the site must be accessible and available for the candidates to review and apply. If CVroad becomes aware that the job advertisement is no longer in existence or is not available for the candidates to access, CVroad reserves the right to remove the job advertisement from the job board without any prior notification to the customer. This will include if the job advertisement is within the agreed term specified in the contract and it is no longer in existence, CVroad will remove the job advertisement immediately.

1.3
CVroad is allowed, but not required, to publish advertisements on websites owned and operated by CVroad and directed towards certain professional categories (“Channels”) and may refuse publication on Channels in its sole discretion. In addition, CVroad is entitled, but not obliged, to publish advertisements in other media, offline or online or by print or to distribute advertisements to third parties for further publishing. CVroad cooperates with media partners for this purpose, and hosts the CVroad job board or parts thereof at further URLs without requesting prior approval from the customer. A list of cooperating media partners can be requested from CVroad. The publication in other media or with cooperation partners, e.g. in case of mobile optimized ads, may be made in a different and/or standardized layout. CVroad will not charge any additional fees for such additional performance.

1.4
The customer is aware that content published on the internet is crawled by search engines such as google and others and that these search engines archive the published content. CVroad will set a meta tag of the job ad that the job ads shall not be archived. If an ad is still archived by a search engine CVroad shall not be liable and any requests for deletion shall be made to the search engine.

1.5
CVroad reserves the right to convert the display of job ads in order to improve the listing quality across all devices.

1.6
The above description of services is comprehensive.

2. Duration of Publication

2.1
Unless otherwise agreed, a job listing or job advertisement is displayed for a period of 30 days, a banner for a period of 7 days. After the period for which a job listing is placed, the display of it can be prolonged for 30 days as long as the prolongation happens within the contractual term. The display prolongation is considered a new placement of the job listing (for a fee). In case of a quota agreement, unspent credits can be used for the placement of the job listing.

2.2
Users with a personal CVroad account can store job listings in their personal CVroad account for up to 2yrs.

3. Offers that are subject to change: International Deals, free services, job ads for training and internships

3.1
Offers and rates for international deals are subject to change until the specific advertisement is placed and depend on CVroad’s continued cooperation with its cooperation partners in the respective countries. A change of CVroad’s conditions for international deals does not entitle the customer to terminate framework agreements.

3.2
In its sole discretion CVroad may offer certain services free of charge from time to time to specific conditions. All services free of charge are subject to change and can be suspended or terminated by CVroad at any time. The customer cannot claim continued fulfilment of services free of charge.

3.3
The placement of advertisements for training and internship contracts is provided in accordance with clause 4.2 as self-service.

4. Miscellaneous

4.1
The customer is advised and agrees that CVroad cannot prevent the unapproved publication of job listings by third parties. CVroad shall however, subject to technical and legal limitations, use its best efforts to prevent such unapproved publication. The customer agrees thereto.

4.2
The customer shall hereby assign to CVroad any rights in the ownership of a database that may exist with respect to any multiple advertisements delivered to CVroad for publication. In particular, the customer acknowledges that CVroad is the producer of the database of such job listings and has the sole database right to the customer’s job listings published in the database by CVroad.

4.3
An offer from CVroad for a price lower than the price mentioned in the price list is only valid in relation to the specific customer and under the specific conditions such an offer was made by CVroad. It is not valid for a customer who wants a third party, for example, an agency to act on his behalf.

4.4
The transfer of an advertisement agreement (“reselling”) to a third party requires CVroad’s prior consent.

4.5
For bottom advertisement banners are displayed at the bottom of the site (place of advertisement: left, centred and right). The customer cannot claim a specific place of publication for the advertisement banner. Places of advertisement are set by rotation. That means the customer shares the place of advertisement with other advertisements. All advertisements are displayed for a predefined, recurring time period until the end of the term.

4.6
CVroad continually endeavours to optimize the search results at www.CVroad.co.za, or any related career site, having the goal to achieve optimal results for customers. As far as the categorization of advertisements is done by the customer, the customer is obliged to do these in a correct and reasonable way. CVroad reserves the right to amend the categorization in its discretion. The customer cannot claim publication of his advertisements in specific categories selected by him.

4.7
“Apply now” linking’s are displayed on the site when calling up job ads on CVroad’s job board. By clicking on the “Apply now” button. CVroad’s mobile optimized job application form will automatically display when calling up job ads via mobile devices.

4.8
CVroad uses a specific layout for the cross-device optimized display of job ads. Therefore CVroad converts job ads from any layout automatically in an optimized structure of content for cross-device readability without charging additional fees.

Certain advertisements

These additional terms and conditions for certain advertisements apply to the advertisement products defined in section 1 below (collectively referred to as “Certain advertisements”) and apply in addition to our general terms and conditions and the additional terms and conditions advertisements and prevail in case of doubt. The applicability of the general terms and conditions and the additional terms and conditions advertisements to other products remains unaffected. Pnet shall on behalf of the customer, publish a presentation of the customer provided by customer in form of a “Company of the week”-banner and Premium Job (hereinafter referred to as “Company Ad”) on the Internet.

1. Description of service

The following descriptions of services are an exhaustive description of the services owed by CVroad. No further functionalities or services are owed.

1.1 Image Ads

On behalf of the customer CVroad publishes a Featured Dealer banner and a Premium Job (hereinafter “Company Ad”) provided by customer on the Internet. The Premium Job will be placed at a prominent position of one of the CVroad target group Channels. The Featured Dealership Banner is published in one of the CVroad target group Channels. The Featured Dealership Banner is not subject to rotation. At the CVroad target group Channels only one Featured Dealership Banner will be published per Channel and an unlimited number of Premium Jobs will be published at 10 locations that are subject to rotation.

1.2 Job Agent Ad

On behalf of customer CVroad publishes an advertisement provided by customer in CVroad’s regularly released Job Agent (hereinafter referred to as “Job Agent Ad”). The Job Agent Ad consists of a text ad and an animated graphic banner. The text ad must not exceed 300 characters (including headers and spaces), the animated ad must not exceed 180×50 px/10 kb.

The Job Agent Ad will be published by CVroad under strict compliance with the legal requirement to clearly separate adverts from editorial content. The Job Agent Ad may contain a link to certain advertisement published by CVroad, an overview of advertisements published by CVroad, CVroad Company presentation or recruiting events at customer’s homepage.

Depending on the specific order and unless otherwise agreed, Job Agent Ads are published as follows:

• • Once in an issue of the Job Agent for a specific target group, or
  • Once in an issue of the Job Agent to all candidates that have registered for the Job Agent, or
  • Seven days in a row, each daily in every issue to all candidates that have registered for the Job Agent. This ensures that every candidate that has registered for the Job Agent receives at least one issue containing the ordered Job Agent Ad.
  • Seven days in a row, each in every daily issue targeted at a specific target group.

Only one Job Agent Ad will be published per Job Ad.

The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to CVroad at the latest. If the material is not provided to CVroad in time, completely and correctly, customer shall have no right to claim publication. CVroad’s right to payment remains unaffected. The customer is aware that the Job Agent is sent to subscribers only. Subscribers can register for the Job Agent for free, but they will only receive a Job Agent when at least one open position fits the subscribers’ profile. Subscribers can unsubscribe from the Job Agent and exclude specific senders, so that CVroad cannot guarantee a certain number of recipients.

1.3 Direct Mail

On behalf of customer CVroad sends an email in customer’s individual layout to selected candidates from the CVroad CV-Database, which have explicitly consented to this kind of information (“Direct Mail”). The Direct mail may contain a specific job offer, an announcement of career events or a presentation of the customer including a link to open positions.

The customer is obliged to provide any material for the advertisement completely and correctly at the time of booking, alternatively two days prior to the scheduled date of publication to CVroad at the latest. If the material is not provided to CVroad in time, completely and correctly, customer shall have no right to claim publication. CVroad’s right to payment remains unaffected.

The customer is aware that the Direct Mail is sent to subscribers only. Subscribers can register for the Direct Mail, can unsubscribe and exclude specific senders, so that CVroad cannot guarantee a certain number of recipients.

1.8 E-Mail Push

On behalf of the Customer CVroad will send an email in a layout defined by CVroad to selected candidates from the CVroad CV database or to subscribers of the CVroad Job Agent, which explicitly consented to this kind of information (“E-Mail Push”).

The content of the E-Mail Push will be addressing an active Job ad which is placed on CVroad’s website for at least five further days to candidates that might fit to the job ad in CVroad’s view. The Direct Push will be sent to a maximum number of 500 candidates. CVroad does not guarantee any minimum number of recipients since the amount of potential addressees depends on the individual settings and information provided by the candidates.

1.9 Facebook-Integration

CVroad endeavours to react as soon as possible to changes made by Facebook but cannot guarantee or warrant the functionality in case of changes by Facebook.

2. Offers subject to change

2.1
Except for the Individual Plus, due to the limited availability of the certain advertisements the customer cannot claim publication in a specific period. However, CVroad endeavours to respect the customer’s preferences as far as possible. In case of Job Agent Ads this is only possible if CVroad is informed of the desired date of publication – or in case of a change request the alternative date – five working days in advance. The customer shall normally be informed about the time of publication within three days, at the latest within one week after placing of the order.

2.2
At any time CVroad may change the position of the Image Ad within the website, of the Newsletter Ad within the Newsletter, of the Job Agent Ad within the Job Agent within the website as well as the appearance of the respective frame. Due to legal reasons CVroad may also make amendments, including amendments to the content of certain advertisements, except for the Listing Plus, which is however subject to section 6.6 and 6.7 of these general terms and conditions of CVroad.

CV Database (DirectSearch Database)

1. Description of services

1.1
These additional terms and conditions “CV Database (DirectSearch Database)” apply in addition to our general terms and conditions and prevail in case of doubt. CVroad operates databases on the Internet which contain CVs of jobseekers (“candidate”). Candidates can enter their profiles or CVs into the databases in such a way that his personal data is directly accessible in the database (“public profile”). The customer, that orders an access to the CV database, may directly view public profiles and contact the candidates behind the profile via the CVroad electronical system, contact to the candidate behind the profile.

1.2
CVroad only grants access to the CV Database to customers for their own personal needs. No customer may forward access to the CV Database or anonymous profiles to third parties. It is not allowed to access the CV database for enticement of customers. No customer may place deep links from his own web site to the CV Database (“Deep Links”). CVroad reserves the right to take immediate legal action against any infringement of this clause without giving any prior warning notice.

1.3
The customer may make use of certain functionalities in the “DirectSearch Database”. The service does not include any data backup for the customer. Data may be removed or deleted from the back-office at any time without giving prior warning. Data will automatically be removed from the CV-Centre for data protection reasons as soon as a candidate deletes his CV from the DirectSearch Database. The CV Database must not be used for any purposes violating antidiscrimination law.

1.4
CVroad recognizes that its customers may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the customer’s rights. Likewise, the customer recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the customer shall perform its obligations under these terms and conditions.

1.5
As individually agreed in the contract the customer has access to read profiles in the CV database.

2. Obligations of the customer

2.1
The customer warrants that he will comply with all legal provisions, third party rights and good morals. Clause 6 (6) of these general terms and conditions shall prevail.

2.2
In particular, the customer warrants to not forwarding or otherwise communicating the personal data of candidates, to respect their confidentiality and to comply with all applicable data protection and privacy rules. CVroad recognizes that its customers may be consumers under the Consumer Protection Act and Regulations and in so far as any transactions are protected under the Consumer Protection Act, any clause in respect of such transaction in terms of these terms and conditions shall be interpreted in order to give effect to the customer’s rights. Likewise, the customer recognizes and confirms that in so far as they are not in conflict with the Consumer Protection Act and Regulations, the customer shall perform its obligations under these terms and conditions.

2.3
The customer undertakes to indemnify CVroad against all losses, costs, claims, damages or other expenses that are caused by the customer, unless CVroad is responsible.

2.4
Candidates are responsible for completing their candidate Profiles. Therefore, CVroad does not warrant their completeness, correctness, accuracy or accessibility. CVroad does not warrant any degree of response.

2.5
The data of jobseekers registering on the CVroad sites (“candidates”) is strictly confidential and may only be stored, or used according to applicable data protection laws. The customer is only entitled to contact candidates for filling concrete vacancies. CVroad is entitled to block the account of the customer and withhold access to candidate data in cases of infringements by the customer.

2.6
The customer is advised that special terms apply to data transfers outside the Borders of the Republic of South Africa. Generally, such data transfers require the consent of the candidate – even if the transfer occurs within a corporate group.

3. Nature, Scope and Purposes of the Collection and Use of Personal Data when using the CV Database

3.1
As part of your use of the CV Database and upon every access to the CV Database we will collect and store the Corporate User ID (i.e. based on the user name we will store the identity of the specific user) and the Company ID (i.e. based on the specific user being part of a specific customer, the name of this customer). We also collect and store the scope of the individual use, i.e. which CVs have been accessed when.

3.2
The data collected and stored as per 3.1 will be used in order to avoid abusive use of the CV Database and thus to ensure a correct billing of the services. It will also be used in order to ensure and monitor that the CV Database operates properly at all times and in particular to be able to solve eventually occurring issues for specific customers so that the usage of the CV Database is enabled in its entire scope. Upon entering into the contract and when using the CV Database the customer and the specific user agree to the collection and use of the data in this scope.

3.3
Additionally, we will use the data collected as per 3.1 in strictly anonymized form in order to create statistics about the general behaviour of the customers in the CV Database. This allows CVroad to design the CV Database in a more customer friendly way.

Job Feed

1. Description of services

1.1
These additional terms and conditions Job Feed apply in addition to the general terms and conditions and prevail in case of doubt.

1.2
The scope of the services of JobFeed is the creation of an interface by CVroad and with the customer’s support, via which CVroad regularly fetches the job ads to be published as provided by the customer and subsequently the creation of job ads in the CVroad format and individual layout in accordance with the Additional Conditions Advertisements, their publication at CVroad and the automatic comparison and actualization of the advertisements published at CVroad with the advertisement content provided by the customer. The fetching and the comparison via the interface is fully automated. No manual corrections are owed. JobFeed is a complex software solution. A successful implementation requires a close cooperation between the parties. The customer undertakes to provide such support and arrange those preconditions needed for a successful use as per the respective specifications individually defined. This description of services shall be deemed as an agreement of functionality and is comprehensive.

2. Term

2.1
The term shall be agreed individually. Contrary to the general terms and conditions, CVroad shall delete published job listings after these are deleted from the customer’s database, and CVroad shall publish job listings after they were entered into the customer’s database.

2.2
The Job Feed data mirroring will take place once daily or as agreed upon.

3. Booking and Acceptance

3.1
Any Job Feed listing published on the CVroad site in the described form and any additional job listing published after or during the initial publishing period of four weeks shall be considered as booked by the customer. A job listing shall be considered as accepted if it has been published for 24hrs on the CVroad site without the customer rejecting its publication.

4. Customer Information Obligations

Pursuant to local law CVroad informs the customer as follows:

4.1
In order to make an offer for a contract the Customer is taken through following technical steps:

• • Customer visits CVroad Contact us Page:
    • https://www.cvroad.co.za/contact
  • Customer states what dealership they are from and what group and clicks on “Contact”
  • Customer will then be contacted accordingly.
  • Customer looking to pay via EFT or awaiting invoice can simply close this page and process payment once the invoice has been generated.
• ORDER PROCESSING
  • Orders are only processed once CVroad E-Commerce receives confirmation of payment via the PayU Merchant Portal, notice from the Accounts Department that funds reflect in the Bank account or for official Proof of Payments submitted by the Customer directly via martin@CVroad.co.za.
  • CVroad E-Commerce will process orders within 24hours of receipt or confirmation of payment.
  • CVroad E-Commerce creates a Dealership Profile for the Customer based on the details completed during the ordering process.
  • Customer will receive a separate e-mail with a link to (re)set their password automatically to the email address provided in Step 1.
  • Return Customer can skip this step if they remember their password.
  • Customer creates and publishes their listing as per the instructions provided.
  • Customer can receive all applications via the portal and search candidates accordingly.
• Order has now been processed and completed successfully.

3. Obligations of the customer

3.1
The customer is the controller under data protection law for personal information collected and processed by CVroad in accordance with the terms of the main contract.

3.2
The customer shall comprehensively inform CVroad without undue delay if it discovers errors or irregularities with regard to data protection regulations when reviewing the results of the processing.

3.3
The customer shall keep a record of processing activities pursuant to Section 17 POPIA.

4. Duties of CVroad

4.1
CVroad shall inform the customer without undue delay if CVroad is of the opinion that an instruction from the customer breaches applicable laws. CVroad may suspend implementation of the instruction until it has been confirmed as being permitted or modified by the customer.

4.2
CVroad shall comply with the provisions of this data processing agreement and relevant applicable data protection laws, in particular the POPIA.

4.3
CVroad shall take appropriate, reasonable technical and organizational measures in accordance with the relevant data protection laws, including the POPIA and in particular section 21 (2), 19 thereof, to protect the personal information of the data subjects and their rights and freedoms, taking into account implementation costs, the state of the art, nature, scope and purpose of processing as well as the likelihood of occurrence and severity of the risk. These protective measures are recorded in the overview of technical and organizational measures, which are available at: https://www.CVroad.co.za/general-terms-conditions and the chapter Technical and Organisational Measures.

The technical and organizational measures are subject to technical progress and further development. In this respect, CVroad is required to check the effectiveness of the measures and adapt them accordingly as technology progresses. Alternative protective measures are permitted as long as they do not fall below the protective level of the defined measures. Significant changes must be documented and reported to the customer without undue delay. If the measures are changed in such a way that, from the customer’s point of view, CVroad cannot guarantee equivalent or higher protection of the data, the customer has the right to extraordinary termination after unsuccessful issuance of instructions with regard to the services covered by these additional additions for contract data processing. The same applies if notice of such changes is not provided.

4.4
CVroad shall provide the customer with the information necessary for the record of processing activities pursuant to section 17 POPIA and shall keep a separate list of all categories of processing activities carried out on behalf of the customer.

4.5
All persons who can access personal information processed on behalf of the customer in accordance with the customer’s contract shall be bound to confidentiality and shall be informed of the special data protection obligations resulting from the contract as well as the existing binding instructions and/or purpose.

4.6
CVroad is required to appoint an Information Officer. The current contact details are:
Martin Van Rensburg, martin@road.co.za

4.7
CVroad guarantees protection of data subject rights and supports the customer to the necessary extent in responding to requests to exercise data subject rights pursuant to section 5 POPIA. CVroad shall inform the customer without undue delay if a data subject contacts CVroad directly for the purpose of providing access, rectification, erasure or restricting the processing of their personal data.

4.8
CVroad shall support the customer in carrying out personal information impact assessments pursuant to Art. 4 lit b POPIA and the resulting consultation of the supervisory authority to the necessary extent. CVroad shall support the customer with regard to compliance with reporting and notification obligations in the event of data protection breaches. CVroad shall inform the customer in text form without undue delay in the event of operational disruptions, suspected personal information breaches pursuant to section 19 POPIA in connection with data processing or other irregularities in the processing of the data for the customer. In consultation with the customer, CVroad shall take appropriate measures to secure the data and to minimize possible adverse consequences for data subjects insofar as the personal information breach was CVroad’s responsibility.

4.9
In the event that the data protection authorities investigate CVroad, the customer must be informed without undue delay to the extent the investigation relates to the subject matter of the contract.

5. Audits including inspections

5.1
CVroad shall provide the customer all necessary information to verify the obligations set out in the contract. CVroad shall permit the customer to conduct audits, including inspections in accordance with POPIA, before the commencement and during the term of this agreement after reasonable prior notice and during normal business hours (9:00-18:00). The customer is entitled to satisfy itself directly, or through suitable third parties bound to professional secrecy, of the observance of the technical and organizational measures before commencement and during contract data processing, after timely notification at the business premises during normal business hours without disturbing the course of business. The result of these audits shall be documented and signed by both parties.

5.2
As verification of the technical and organizational measures, CVroad may also submit current certificates, reports or report extracts from independent bodies (e.g. auditors, internal auditors, data protection officers, IT security department, data protection auditors, quality auditors) or a suitable certification by IT security or data protection audit (e.g. in accordance with BSI baseline protection).

6. Additional Operators

6.1

 

Technical and Organisational Measures

Appendix – Technical and Organisational Measures

Joint Controllership Addendum (JCA)

Processing of personal information by CVroad and the customer under joint responsibility within the meaning of Section 1 (definition of “responsible party” alt. 2) POPIA