Partner Terms & Data Policy
The Spoken Language (Pty) Ltd, South Africa
1. Definitions
- "The Spoken Language" means The Spoken Language (Pty) Ltd, a company incorporated under the laws of South Africa.
- "Partner" means any school, language centre, online tutoring platform, corporation, or individual that applies to source teachers through our platform.
- "Personal Information" has the meaning assigned to it in POPIA and includes any information that identifies or can be used to identify a natural person or juristic person.
- "POPIA" means the Protection of Personal Information Act 4 of 2013 (South Africa).
- "GDPR" means the General Data Protection Regulation (EU) 2016/679.
- "Teacher" means any individual registered on or applying through The Spoken Language's teacher network.
- "Services" means the teacher-matching, placement, and related services provided by The Spoken Language.
2. Acceptance of Terms
By submitting a partner application, you confirm that:
- You have read, understood, and agree to be bound by these terms.
- You are authorised to enter into this agreement on behalf of your organisation.
- The information you provide is accurate, complete, and not misleading.
- You consent to the processing of your personal information as described in this policy.
3. Nature of Our Services
The Spoken Language operates as a teacher supply agency. We vet, source, and introduce qualified South African English teachers to partner organisations. We do not employ teachers directly unless explicitly stated in a separate agreement. The contractual relationship for teaching services is between the Partner and the Teacher unless otherwise agreed in writing.
We reserve the right to:
- Decline any partner application at our sole discretion without obligation to provide reasons.
- Withdraw a teacher introduction if we have reason to believe the placement is not suitable or safe.
- Amend or update these terms with reasonable notice provided to registered partners.
4. Partner Obligations
As a Partner, you agree to:
- Use teacher introductions solely for the purpose described in your application.
- Not share teacher profiles, contact details, or personal information with third parties without our written consent.
- Treat all introduced teachers fairly and in accordance with applicable labour and anti-discrimination laws in your jurisdiction.
- Notify us promptly if a teacher introduction does not proceed or if concerns arise regarding a teacher's conduct.
- Comply with all applicable child protection, safeguarding, and data protection laws where your students are minors.
- Not circumvent our agency by directly hiring a teacher introduced through us without our knowledge and written agreement.
5. Fees and Commercial Terms
Fees, commissions, and payment terms are set out in a separate placement agreement issued upon successful matching. Submitting this application does not create any financial obligation. All commercial terms will be agreed in writing before any placement is confirmed.
6. Personal Information We Collect
When you submit a partner application, we collect the following categories of personal information:
| Category | Examples | Purpose |
|---|---|---|
| Identity & Contact | Organisation name, contact person name, role, email address, phone number | To communicate with you and process your application |
| Organisational Details | Country, city, website, organisation type, student demographics | To match you with suitable teachers |
| Programme Requirements | Age groups, class format, session frequency, budget range | To identify the most appropriate teacher profiles |
| Usage Data | IP address, browser type, pages visited, timestamps | Platform security, analytics, and fraud prevention |
7. Legal Basis for Processing (POPIA & GDPR)
We process your personal information on the following lawful grounds:
- Contractual necessity: Processing is required to take steps at your request prior to entering a contract and to perform our matching services.
- Legitimate interests: We have a legitimate interest in operating our business, preventing fraud, and maintaining records of our partner relationships.
- Consent: Where we rely on consent (e.g. for marketing communications), you may withdraw it at any time by contacting us.
- Legal obligation: We may process your information where required by South African law or applicable international law.
8. How We Use Your Personal Information
- To review and process your partner application.
- To match your requirements with suitable teachers from our network.
- To communicate with you about your application, placements, and our services.
- To maintain records required for our business operations and legal compliance.
- To send service-related notifications (not unsolicited marketing without consent).
- To detect and prevent fraud, abuse, or misuse of our platform.
- To comply with legal obligations, including tax and regulatory requirements.
9. Sharing of Personal Information
We do not sell your personal information. We may share it with:
- Teachers: We share your organisation's name, requirements, and relevant details with potential teacher matches so they can assess suitability. We do not share your personal contact details with teachers without your consent.
- Service providers: Trusted third-party providers who assist us in operating our platform (e.g. email services, cloud hosting), subject to data processing agreements.
- Legal authorities: Where required by South African law, court order, or to protect our rights and the safety of others.
Where we transfer personal information outside South Africa, we ensure adequate protections are in place in accordance with section 72 of POPIA and, where applicable, GDPR Chapter V requirements.
10. Data Retention
We retain your personal information for as long as necessary to fulfil the purposes for which it was collected, including:
- Active partner records: For the duration of the partnership and for 5 years thereafter, in accordance with South African commercial record-keeping requirements.
- Unsuccessful applications: For 12 months from the date of application, after which records are securely deleted or anonymised.
- Legal claims: For the period required to defend or bring legal claims under the Prescription Act 68 of 1969.
11. Your Rights as a Data Subject
Under POPIA (and GDPR if you are located in the EU/UK), you have the following rights regarding your personal information:
Request a copy of the personal information we hold about you.
Request correction of inaccurate or incomplete information.
Request deletion of your information where we no longer have a lawful basis to retain it.
Object to processing based on legitimate interests or for direct marketing purposes.
Receive your data in a structured, commonly used, machine-readable format (GDPR).
Withdraw consent at any time where processing is based on consent, without affecting prior lawful processing.
To exercise any of these rights, contact our Information Officer at info@thespokenlanguage.com. We will respond within 30 days as required by POPIA.
If you are dissatisfied with how we handle your request, you have the right to lodge a complaint with the Information Regulator (South Africa) at www.inforegulator.org.za or your local supervisory authority if you are based in the EU/UK.
12. Security of Personal Information
We implement appropriate technical and organisational measures to protect your personal information against unauthorised access, disclosure, alteration, or destruction. These include:
- Encrypted data transmission (HTTPS/TLS).
- Access controls limiting who can view partner records.
- Regular security reviews of our systems.
- Secure deletion procedures for data no longer required.
In the event of a data breach that poses a risk to your rights and freedoms, we will notify you and the Information Regulator as required by section 22 of POPIA.
13. Cookies and Tracking
Our website uses session cookies strictly necessary for platform functionality (e.g. maintaining your logged-in state). We do not use third-party advertising or tracking cookies. You can configure your browser to refuse cookies, though this may affect certain platform features.
14. Protection of Minors
Our platform does not knowingly collect personal information from individuals under the age of 18. Partners who serve students under 18 are responsible for ensuring compliance with applicable child protection legislation in their jurisdiction, including but not limited to the Children's Act 38 of 2005 (South Africa) and equivalent international legislation.
15. Governing Law and Jurisdiction
These terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from or relating to these terms shall be subject to the jurisdiction of the South African courts, without prejudice to our right to seek urgent or interim relief in any competent court.
Where Partners are located in the European Union or United Kingdom, we acknowledge and comply with our obligations under GDPR and UK GDPR as applicable.
16. Amendments to This Policy
We may update this policy from time to time to reflect changes in our practices or legal requirements. Where changes are material, we will notify registered partners by email at least 14 days before the changes take effect. Continued use of our services after the effective date constitutes acceptance of the updated policy.