TERMS OF USE & PRIVACY POLICY

TERMS OF USE & PRIVACY POLICY

LAST UPDATED: These terms were most recently revised on: 04/15/2025

Definitions and Interpretation

The titles of sections in this Agreement are included purely for convenience and reference and do not influence the meaning, adjustment, or expansion of any terms or sections herein. Unless the context suggests otherwise:

1.1. Terms implying:

1.1.1. One gender encompass all genders;
1.1.2. Singular forms include plural forms, and plural forms include singular;
1.1.3. Individuals include corporations or unincorporated entities and the state, and vice versa.

1.2. The following terms carry these meanings, with related phrases interpreted accordingly:

1.2.1. “Agreement” means these Terms of Use along with all referenced documents;
1.2.2. “App” refers to the Skill Link mobile and online platform, including any web versions, owned and managed by Skill Link (Pty) Ltd, subject to periodic updates;
1.2.3. “Data Subject”, as defined by POPI, refers to a User;
1.2.4. “ECTA” stands for the Electronic Communications and Transactions Act No. 25 of 2002 in South Africa;
1.2.5. “Information Officer” is the person designated by us under Part B of POPI, currently listed in clause 11;
1.2.6. “Skill Link” refers to Skill Link (Pty) Ltd, a South African private company with registration number [Insert Registration Number], and “we”, “us”, “our”, and “ours” denote the same;
1.2.7. “Minor” means anyone under 18 years old, synonymous with “child”;
1.2.8. “PAIA” refers to the Promotion of Access to Information Act 2 of 2000 and its regulations;
1.2.9. “PAIA Manual” is the document described in clause 10, available at: [Insert Link to PAIA Manual];
1.2.10. “POPI” means the Protection of Personal Information Act 4 of 2013, including its regulations, codes, and guidelines;
1.2.11. “Process” or “Processing” covers actions like gathering, receiving, recording, structuring, storing, updating, accessing, modifying, using, distributing, erasing, or destroying personal data;
1.2.12. “Regulator” is the National Information Regulator established under Part A, Chapter 5 of POPI;
1.2.13. “Service” refers to the construction and services provider finder service offered via the App, which includes collecting and sharing your personal data with third parties as outlined here;
1.2.14. “Terms of Use” means the rules in this document;
1.2.15. “User” is anyone who engages with the App, and “you”, “your”, and “yours” refer to that person. “Use”, “using”, and “used” mean accessing or viewing the App’s content.

Agreement and Acceptance of Terms

2.1. By engaging with or accessing the App, you accept these Terms of Use, including all attached annexures and linked materials, forming a legally enforceable agreement (“Agreement”). If you disagree, you must cease using the App immediately.

2.2. Your interaction with the App, its information, products, and services is subject to these Terms of Use and all applicable laws, including ECTA, POPI, and PAIA where relevant.

2.3. Unless otherwise noted, all content on the App belongs to Skill Link (Pty) Ltd. Advertisements are owned by their respective advertisers, though Skill Link retains ownership of the collective presentation. Any personal data you submit remains yours, but by using the App, you permit Skill Link to share it with other users (per your profile settings) and potential advertisers under the license terms below. Using the App signifies your consent to our collection, storage, sharing, and use of your personal data as described here, in strict adherence to POPI. We aim to ensure you understand your rights under this law.

2.4. The App may feature advertisements or sponsorships. Those providing such content are responsible for ensuring it complies with all relevant laws. Skill Link disclaims liability for any mistakes or inaccuracies in these materials to the fullest extent allowed by law.

2.5. Skill Link reserves the right to add new Terms of Use for the App at any time without prior notice. Your acceptance of these Terms automatically applies to any future additions.

2.6. The latest Terms of Use will be displayed on the App. We recommend reviewing them each time you access the App to stay updated on the rules governing your use. If you can’t view them online, request the current version via email.

Conditions for Using the App

By accessing or using the App, you affirm that:

3.1. You are 18 or older and mentally competent;
3.2. You have no criminal convictions for offenses like assault, murder, battery, harassment, stalking, or violations of the South African Sexual Offences Act 23 of 1957, as amended;
3.3. You reside and are domiciled in South Africa;
3.4. All data and content you provide or upload to the App is accurate, truthful, and not misleading or deceptive, and does not infringe on anyone’s intellectual property rights.

License to Use Your Content

4.1. The license Skill Link holds over your Content is non-exclusive, except for exclusive rights to derivative works produced via the Service.

4.2. You acknowledge that any Content you upload or allow us to upload may be seen by other users, visitors, Service participants, and potential advertisers.

4.3. We may examine or assess any Content you submit. We reserve the right to remove any Content, partially or fully, that we deem breaches this Agreement, undermines Skill Link’s ethos, or harms the Service’s reputation.

4.4. Agreeing to these Terms of Use also means accepting our Privacy Policy, accessible on the App.

4.5. You must not upload or send any illegal, threatening, defamatory, obscene, pornographic, or offensive material, or anything that could promote unlawful behavior or break any law. You must follow the community guidelines below, which Skill Link may revise periodically.

4.6. While we may review and delete non-compliant Content, the user posting it bears full responsibility. We cannot ensure all Content adheres to this Agreement. Report any violations to [Insert Email Address].

4.7. We may monitor your communications with us (via mail, phone, fax, email, etc.) for quality assurance, security, and operational purposes.

4.8. Regardless of the above, all personal data you provide will be managed per our Privacy Policy and in line with ECTA and POPI.

4.9. You alone are responsible for keeping your username and password secure.

Personal Information We Collect

5.1. When you set up a profile or use the App, you supply personal information, which may include:

5.1.1. Your full name, nickname, or profile name;
5.1.2. Your email address;
5.1.3. Your approximate location (e.g., city or region);
5.1.4. Your birth date;
5.1.5. Your gender;
5.1.6. Your preferred services (e.g., construction or repairs);
5.1.7. Details of your projects or service requests;
5.1.8. A description of your needs;
5.1.9. Images or photos tied to your service requests (collectively, “your personal information”).

5.2. Messages you send to other users via the App may reveal sensitive details like your beliefs, ethnicity, health, or finances (“your private information”), classified as special personal information under POPI.

5.3. For payments, you might provide billing details (e.g., credit card info). We’ll keep this data highly confidential and won’t share it with unauthorized parties. Skill Link ensures strict protection of all financial information.

5.4. We handle your personal and private information in accordance with POPI’s principles, including accountability, processing limits, purpose clarity, data accuracy, openness, security, and your rights to participate as detailed in clauses 8 to 25 of POPI.

5.5. Sharing information is optional, but withholding some details may restrict our ability to provide the Service, impacting your App experience.

5.6. You are entitled to:

5.6.1. Know what data we collect and if it’s accessed without permission;
5.6.2. Review, amend, or delete your personal data we hold;
5.6.3. Object to data processing (use this form: [Insert Link to Objection Form]);
5.6.4. Oppose direct marketing;
5.6.5. Prevent your data from being used for direct marketing without your approval;
5.6.6. Avoid decisions based only on automated processing;
5.6.7. Lodge complaints with the Regulator;
5.6.8. Seek civil remedies under section 99 of POPI.

5.7. Skill Link isn’t responsible for personal data you share with third parties linked from the App. Check their privacy policies before disclosing anything.

5.8. The App may employ cookies and tracking tools to save details like your browser type or operating system on your device. This aids in monitoring visitor counts and usage trends. Cookies don’t gather personal data.

Consent for Processing Your Data

6.1. You allow us to process your personal information for:

6.1.1. Delivering and improving the Service;
6.1.2. Maintaining your account;
6.1.3. Providing support and answering questions;
6.1.4. Enabling transactions;
6.1.5. Informing you about services, including billing;
6.1.6. Analyzing your profile and actions to suggest relevant providers;
6.1.7. Showing your profile to other users;
6.1.8. Connecting your devices to your profile;
6.1.9. Handling promotions, marketing, and offers;
6.1.10. Customizing content and ads to your preferences;
6.1.11. Reaching you via email, phone, or social media about the Service;
6.1.12. Running surveys and focus groups;
6.1.13. Studying user behavior to enhance services;
6.1.14. Creating new App features;
6.1.15. Addressing violations or breaches of these Terms;
6.1.16. Analyzing data to prevent misconduct;
6.1.17. Keeping data to avoid fraud;
6.1.18. Meeting legal requirements;
6.1.19. Supporting law enforcement;
6.1.20. Protecting our rights.

6.2. For your private information, you permit processing only for:

6.2.1. Investigating rights violations or policy breaches;
6.2.2. Defending our rights;
6.2.3. Aiding criminal investigations;
6.2.4. Responding to civil subpoenas.

6.3. We won’t process your data beyond what’s needed for these purposes.

6.4. You can revoke consent by notifying us in writing. Note that:

6.4.1. Withdrawal must be written;
6.4.2. We require reasonable time to act on it;
6.4.3. Withdrawing consent may end your access to the Service.

6.5. You may also challenge our data processing by contacting us or the Regulator.

Consent for Cross-Collection of Data

7.1. We gather personal information directly from you. If you connect your profile to third-party platforms (e.g., Facebook or Apple), you permit us to retrieve and use necessary data from those platforms to deliver the Service.

7.2. Data from third-party sources will be managed per these Terms of Use.

Retention of Your Information

8.1. By agreeing to processing, you also agree to us retaining your data while your profile is active and indefinitely afterward.

8.2. We may keep your data post-deletion for:

8.2.1. Possible profile reactivation;
8.2.2. Internal research and App improvement.

8.3. You can request permanent deletion of your data anytime using this form: [Insert Link to Request Form]. We’ll destroy it in a way that prevents recovery or use.

Use for Advertising and Further Processing

9.1. We may use your data for internal marketing (e.g., promoting Skill Link services) and to support third-party ads on the App. You agree to this, provided:

9.1.1. Third-party advertisers follow comparable privacy rules;
9.1.2. Ads stay within the App;
9.1.3. Your data won’t be used for direct marketing unless you opt in (e.g., by selecting “opt in” on an ad).

Access to Information Under PAIA

10.1. Per PAIA and POPI, our PAIA Manual is accessible here: [Insert Link to PAIA Manual].

10.2. Information requests must follow the PAIA Manual’s process. We’ll provide what’s legally allowed and required.

Safeguarding Your Data

11.1. Skill Link will take reasonable measures to secure and keep your personal data confidential, storing it in a protected database.

11.2. Though we aim to safeguard your transactions, we can’t promise complete confidentiality.

11.3. We use cutting-edge anti-hacking and firewall systems to protect your data. Contact our Information Officer for details on our security practices.

11.4. Our employees and agents are regularly trained to spot risks and uphold security measures.

11.5. If we detect a security breach or unauthorized data access, we’ll alert you quickly via your profile and email.

Information Officer and Handling Objections, Queries, and Complaints

12.1. Send all objections, questions, and complaints to our Information Officer, detailed in the PAIA Manual: [Insert Link to PAIA Manual].

12.2. To oppose data processing, use this form: [Insert Link to Objection Form].

12.3. Our Information Officer will:

12.3.1. Ensure adherence to these Terms, POPI, ECTA, and PAIA;
12.3.2. Address all inquiries and complaints;
12.3.3. Cooperate with the Regulator as required.

12.4. To complain to the Regulator, use this form: [Insert Link to Complaint Form].

12.5. The Regulator’s details are:
The National Information Regulator
JD House, 27 Stiemens Street, Braamfontein, Johannesburg 2001
Email: Complaints.ir@justice.gov.za

Ownership of App Content

13.1. Unless specified otherwise, the App—its design, text, content, layout, graphics, and other components—is protected by copyright, trademark, and other intellectual property laws, owned by Skill Link or used with permission.

13.2. Uploading content to the App doesn’t forfeit any rights. Viewing the App doesn’t grant you ownership of its elements. Without our written consent, you may not use, copy, reproduce, distribute, or alter any App content.

13.3. You may access, view, download, or print parts of the App for lawful purposes, provided you don’t modify them and keep all copyright notices intact. This permission ends if you violate these Terms.

Trademarks and Brand Protection

The “Skill Link” name and logo are pending trademarks solely owned by Skill Link. Unauthorized use of these marks, or anything too similar, is forbidden and may lead to legal action for trademark violation, passing-off, or unfair competition.

Disclaimer for External Links

15.1. The App may contain links or ads to third-party websites. These don’t indicate endorsement or responsibility for their content, products, or services.

15.2. Skill Link isn’t liable for third-party sites’ actions, content, accuracy, or privacy practices, or for any damages or losses from using them.

15.3. We don’t oversee or verify third-party sites. Accessing them is at your risk, governed by their terms and policies.

Linking to the App

16.1. Linking to the App without our written approval is prohibited. Even if approved, links must only go to the homepage.

16.2. We aren’t responsible for links to the App and may withdraw linking permission anytime.

16.3. Anyone linking to the App must notify users of these Terms. Not doing so doesn’t affect our rights or liability.

Rules for Using the Service

By using the Service, you agree not to:

17.1. Use it for illegal or banned purposes;
17.2. Use it to harm or deceive others;
17.3. Use it to damage Skill Link;
17.4. Break our Community Guidelines;
17.5. Spam, solicit funds, or trick users;
17.6. Pretend to be someone else or post unauthorized photos;
17.7. Bully, stalk, harass, or slander anyone;
17.8. Share content that violates others’ rights;
17.9. Post hate speech, threats, or explicit material;
17.10. Promote racism, intolerance, or harm;
17.11. Seek passwords or personal data;
17.12. Use someone else’s account or hold multiple accounts;
17.13. Open a new account after termination without approval.

No Warranties Provided

18.1. Opinions or claims on the App don’t necessarily reflect Skill Link’s or its affiliates’ views. Any advice or statements aren’t professional counsel, and we aren’t liable if you act on them.

18.2. The App is offered “as is” with no warranties. Skill Link and its affiliates disclaim all warranties, express, implied, or statutory.

18.3. Specifically, we don’t guarantee:

18.3.1. Merchantability, suitability for a specific purpose, or non-infringement;
18.3.2. Continuous or error-free performance;
18.3.3. Availability everywhere or at all times;
18.3.4. Accuracy or dependability of the App or its content;
18.3.5. Quality of linked apps or sites.

18.4. Any oral or unwritten warranties are excluded. You use the App at your own risk, and we aren’t liable for any losses.

18.5. You must confirm the accuracy of info on the App or linked sites yourself.

Exclusion of Liability

19.1. As far as law allows, Skill Link excludes liability for any losses or damages—direct, indirect, punitive, or consequential—arising from your use of the App or linked sites.

19.2. You’re responsible for backing up your data and protecting against viruses.

19.3. This exclusion covers all loss types, whether from contract, negligence, or other causes.

19.4. We don’t exclude liability for fraudulent misrepresentation.

Indemnity and Release

You agree to indemnify and protect Skill Link, its officers, directors, agents, and staff from any claims, liabilities, losses, or costs (including legal fees) arising from your breach of these Terms or App use.

Right to Modify or Discontinue the App

We may alter, pause, or terminate the App or its parts anytime, with or without notice. You agree we aren’t liable for such changes.

Entire Agreement

22.1. These Terms of Use, with all referenced documents, form the complete agreement between you and Skill Link about the App. No other statements or promises apply.

22.2. If any term is invalid, it’ll be adjusted to fulfill its intent as much as possible, while other terms remain effective.

Waiver of Rights

23.1. If Skill Link doesn’t enforce a term, it doesn’t waive that term or right. Waivers must be written.

23.2. Waiving one breach doesn’t waive future breaches or other terms.

Governing Law and Jurisdiction

24.1. The App operates from South Africa, and we don’t claim its content suits other regions.

24.2. If you access it outside South Africa, you must follow local laws.

24.3. South African law governs this Agreement, and you submit to South African courts for disputes.

24.4. We may pursue legal action in any region where a breach happens.