Data Processing Terms


THIS DOO PEOPLE DATA PROCESSING AGREEMENT (the "DPA") is entered into by and between the DOO PEOPLE customer agreeing to these terms (“Client”) and DOOGITAL TECH (PTY) LTD, REG 2014/274203/07 ("DOO PEOPLE"). DOO PEOPLE and Client are collectively referred to as the “Parties” and each a “Party”.

If you are accepting this DPA on behalf of the Client, you represent and warrant that: (a) you are duly authorized to represent Client; and (b) you accept the terms of this DPA on behalf of Client. If Client has previously executed a Data Processing Agreement with DOO PEOPLE to comply with EU Data Protection Law and Protection of Personal Information Act, that Data Processing Agreement will apply to the Parties relationship instead of this DPA unless this DPA is accepted by the client.


A. Client is subject to EU Data Protection Law and Protection of Personal Information Act and has subscribed to DOO PEOPLE’s Terms of Service found at (the "Contract”) for the receipt of certain services from DOO PEOPLE as described in the Contract (the “Services”). In delivering the Services under the Contract, DOO PEOPLE may process Personal Data controlled by Client.

B. To comply with EU Data Protection Law and Protection of Personal Information Act, Client must ensure the appropriate protection of all data, including Personal Data when Client engages third party vendors. Accordingly, Client's engagement of DOO PEOPLE is conditioned upon DOO PEOPLE’s agreement to the terms and conditions of this DPA.



1.1 "Applicable Privacy Law(s)" means the relevant data protection and privacy laws and regulations to which Client is subject, including, where applicable, EU Data Protection Law and Protection of Personal Information.

1.2 "Authorized Persons" means any person who processes Personal Data on DOO PEOPLE's behalf, including DOO PEOPLE's employees, officers, partners, principals, contractors, and Subcontractors.

1.3 "EU Data Protection Law" means Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (“General Data Protection Regulation” or "GDPR").

1.3 "Protection of Personal Information Act" means Regulation Protection of Personal Information Act 4 of 2013 of the South African Parliament and The Information Regulator on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data.

1.4 "Model Clauses" means the standard contractual clauses for Processors as approved by the European Commission and available at (as amended or updated from time to time).

1.5 "Personal Data" means any information provided or made available to DOO PEOPLE, by or on behalf of Client, in connection with the Services and which relates to an identified or identifiable natural person (“data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural or social identity. For the avoidance of doubt, Personal Data includes personally identifiable information.

1.6 "Security Incident" means an accidental, unauthorized or unlawful destruction, loss, alteration, disclosure of, or access to, Personal Data.

1.7 "Subcontractor" means any third party engaged by DOO PEOPLE to process any Personal Data relating to this DPA and/or the Contract.

1.8 The terms "Controller", "Processor", and "processing", have the meanings given to them in Applicable Privacy Laws. If and to the extent that Applicable Privacy Laws do not define such terms, then the definitions given in EU Data Protection Law and Protection of Personal Information Act will apply.

Role and Scope of Processing

2.1 DOO PEOPLE shall process Personal Data under the Contract only as a Processor acting on behalf of Client. DOO PEOPLE agrees that it will process Personal Data as described at Annex A.

2.2 DOO PEOPLE will at all times process Personal Data only for the purpose of providing the Services to Client under the Contract and in accordance with Client's documented instructions, unless DOO PEOPLE is required to process the Personal Data for other purposes by EU Data Protection Law. Where such a requirement is placed on DOO PEOPLE, it shall provide prior notice to Client unless the relevant law prohibits giving such notice.

2.3 Each Party shall comply with its obligations under Applicable Privacy Law(s) in respect of any Personal Data it processes under this DPA.

2.4 DOO PEOPLE shall promptly notify Client if it makes a determination that it cannot comply with its obligations under this DPA, and in such event, DOO PEOPLE shall work with Client and take all reasonable and appropriate steps to stop and remediate (if remediable) any processing until such time as the processing complies with the requirements of this DPA. DOO PEOPLE shall immediately cease (and request all Subcontractors to immediately cease) processing Personal Data if Client determines that DOO PEOPLE has not or cannot correct any non-compliance in accordance with this Section 2.4 within a reasonable time frame.

Data Access and Security Measures

3.1 DOO PEOPLE shall ensure that any Authorized Person is subject to a strict duty of confidentiality (whether a contractual or statutory duty) and that they process the Personal Data only for the purpose of delivering the Services under the Contract(s) to Client.

3.2 DOO PEOPLE will implement and maintain all reasonable and appropriate technical and organizational security measures to meet the requirements of EU Data Protection Law and Protection of Personal Information Act, and in particular, to protect against the occurrence of Security Incidents and to preserve the security, integrity and confidentiality of Personal Data ("Security Measures"). Such Security Measures shall take into account industry standards, the costs of implementation, and the nature, scope, context and purposes of the processing, as well as the risk of a Security Incident and potential impact on the rights and freedoms of natural persons. At a minimum, DOO PEOPLE agrees to the Security Measures identified in Annex B.

Security Incidents and Breach Notification

4.1 In the event of a Security Incident, DOO PEOPLE shall promptly (and in no event later than 48 hours of DOO PEOPLE becoming aware of such Security Incident) inform Client and provide written notification of the Security Incident. Such notification shall include (a) a detailed description of the Security Incident, (b) the type of Personal Data that was the subject of the Security Incident and (c) the identity of each affected person (or, where not possible, the approximate number of data subjects and of Personal Data records concerned), (d) a description of the likely consequences of the Security Incident, and (e) a description of the measures taken or proposed to be taken by DOO PEOPLE to address the Security Incident, including, where appropriate, measures to mitigate its possible adverse effects. To the extent that any such information is not available at the time of initial notification, DOO PEOPLE shall provide prompt updates as such information becomes available.

4.2 Furthermore, in the event of a Security Incident, DOO PEOPLE shall:

  • a) provide timely information and cooperation as Client may require to fulfill Client's data breach reporting and notification obligations under Applicable Privacy Laws; and
  • b) take such measures and actions as are appropriate to remedy or mitigate the effects of the Security Incident and shall keep Client up-to-date about all material developments in connection with the Security Incident.

4.3 The content and provision of any notification, public/regulatory communication or press release concerning the Security Incident (a “Communication”) shall be solely at Client’s discretion, except as otherwise required by applicable laws. If and to the extent DOO PEOPLE is referenced by name in any such Communication, DOO PEOPLE shall be provided with an opportunity to review and approve the Communication for accuracy, such approval not to be unreasonably withheld.

Cooperation, Assessments and Audits

5.1 DOO PEOPLE shall reasonably cooperate with Client to enable Client to respond to any requests, complaints or other communications from data subjects and regulatory or judicial bodies relating to the processing of Personal Data under the Contract, including requests from data subjects seeking to exercise their rights under Applicable Privacy Laws. In the event that any such request, complaint or communication is made directly to DOO PEOPLE, DOO PEOPLE shall, unless prohibited by applicable law, promptly pass this onto Client and shall not respond to such communication without Client's express authorization.

5.2 If DOO PEOPLE receives a subpoena, court order, warrant or other legal demand from a third party (including law enforcement or other public or judicial authorities) seeking the disclosure of Personal Data, DOO PEOPLE shall not, unless otherwise required by applicable law or advised by counsel that it is so required by applicable law, disclose any information but shall immediately notify Client in writing of such request, and unless otherwise required by applicable law, reasonably cooperate with Client if it wishes to limit, challenge or protect against such disclosure, to the extent permitted by applicable laws.

5.3 DOO PEOPLE shall assist Client in carrying out any privacy impact assessment of the Services as is reasonable in light of the Personal Data that is being processed. DOO PEOPLE shall reasonably cooperate with Client to implement such mitigation actions as are reasonably required to address privacy risks identified in any such privacy impact assessment. If Client is not satisfied with DOO PEOPLE’s mitigation actions, Client may elect to suspend or terminate the Contract and this DPA pursuant to the terms of the Contract.

5.4 DOO PEOPLE shall, upon receipt of written request from Client, make available to Client such information as is reasonably necessary to demonstrate DOO PEOPLE’s compliance with the Applicable Privacy Law and permit Client and/or its authorized agents to audit its records to the extent reasonably required in order to confirm that DOO PEOPLE is complying with its obligations under this DPA or any Applicable Privacy Law, provided always that any such audit does not involve the review of any third party data and that the records and information accessed in connection with such audit are treated as confidential information by Client. Client shall bear its own costs to conduct such audit. Unless Client’s request for such audit follows a Security Incident, or is otherwise required by Applicable Privacy Law, Client shall not make any such request more than once in any 12 month period.

Data Exports

6.1 DOO PEOPLE will at all times provide an adequate level of protection for the Personal Data, wherever processed, in accordance with the requirements of Applicable Privacy Laws.

Deletion and Return

7.1 Upon Client's request, or upon termination or expiration of this DPA, DOO PEOPLE shall destroy or return to Client all Personal Data (including copies) in its possession or control (including any Personal Data processed by its Subcontractors). This requirement shall not apply to the extent that DOO PEOPLE is required by any applicable law to retain some or all of the Personal Data, in which event DOO PEOPLE shall isolate and protect the Personal Data from any further processing except to the extent required by such law.


8.1 This DPA shall be governed by and construed in accordance with the laws the country where Client has its main establishment required by Applicable Privacy Laws.

8.2 All terms of this DPA are hereby incorporated into the Contract. In the event of a conflict between a term in the Contract and a term in this DPA, the term contained in this DPA shall prevail

8.3 The obligations placed upon the DOO PEOPLE under this DPA shall survive so long as DOO PEOPLE and/or its Subcontractors process Personal Data on behalf of Client.

8.4 This DPA may not be modified except by a subsequent written instrument signed by both parties.

8.5 If any part of this DPA is held unenforceable, the validity of all remaining parts will not be affected.

Annex A

Details of the Processing

Description of Client’s Activities Relevant to this Agreement:

Client shall be the Controller of the Personal Data it provides to DOO PEOPLE to provide the Services as outlined in the Contract.

Nature of Services provided by DOO PEOPLE:

DOO PEOPLE's services provided to Client under the Contract are the provision and maintenance of human resource information systems software as a service, including the collecting, hosting and processing of data.

Type(s) of Personal Data processed:

Employees and Candidates

  • Personal information (including, but not limited to, name, identification number(s), photograph(s), address, birth date, gender, marital status, number of children, emergency contact, telephone number(s), academic and professional qualifications, CV/resume, employment history, language proficiency, etc.);
  • Information in connection with the employee’s job (including, but not limited to, title, grade, location, reporting lines, team affiliation, hire date, working hours, contract details, performance and evaluation data, employee discipline information, work history, benefits and insurance, assets assigned, training, time-off documentation, etc.);

Referees / References

  • Contact details: address, telephone number (fixed and mobile), email address, fax number, emergency contact information.

Special categories of data (if applicable):

Criminal Status, disability information.

Categories of Data Subjects:

  • Employees - including, past, potential, present and future staff (including volunteers, agents, independent contractors, interns, temporary and casual workers) of Client.
  • Candidates – past, potential, present and future candidates of Client who are being considered or have been selected for placement for a role with Client (including candidate information sourced from publicly available sources).
  • Referees / References – past, present, potential and future employment referees for a particular candidate of Client.
Nature of Processing Operations:

The objective of Processing of Personal Data is the performance of the Services pursuant to the Contract, detailed above. The duration of processing will be the period during which DOO PEOPLE provides the Services to Client in accordance with the Contract.

Annex B


Description of the technical and organizational security measures implemented by DOO PEOPLE in accordance with Section 4.2 of the DPA:
1. Access Control of Processing Areas

DOO PEOPLE implements suitable measures in order to prevent unauthorized persons from gaining access to the data processing equipment (namely database and application servers and related hardware) where Personal Data are processed or used. This is accomplished by:

  • establishing security areas;
  • protection and restriction of access paths;
  • data processing equipment and personal computers will be in an enclosed area with restricted access
  • establishing access authorizations for employees and third parties, including the respective documentation;
  • regulations and restrictions on issuance and use of card-keys;
  • all access to the data center where Personal Data are hosted is logged, monitored, and tracked
2. Access Control to Data Processing Systems

DOO PEOPLE implements suitable measures (including industry standard encryption) to prevent its data processing systems from being used by unauthorized persons. This is accomplished by:

  • identification of the terminal and/or the terminal user to the DOO PEOPLE’s systems;
  • automatic time-out of user terminal if left idle, identification and password required to reopen;
  • issuing and safeguarding of identification codes;
  • dedication of terminal users, identification characteristics exclusive to specific functions; and
  • requirements for passwords (minimum length, use of special characters, etc.); and
  • all access to data is logged, monitored, and tracked.
3. Access Control to Use Specific Areas of Data Processing Systems

DOO PEOPLE ensures that the persons entitled to use its data processing systems are only able to access the data within the scope and to the extent covered by their respective access permission (authorization) and that Personal Data cannot be read, copied or modified or removed without authorization. This is accomplished by:

  • employee policies and training in respect of each employee’s access rights to Personal Data;
  • effective and measured disciplinary action against individuals who access Personal Data without authorization;
  • release of data to only authorized persons; and
  • policies controlling the retention of back-up copies.
4. Transmission Control

DOO PEOPLE implements suitable measures to prevent Personal Data from being read, copied, altered or deleted by unauthorized parties during the transmission thereof or during the transport of the data media. This is accomplished by:

  • use of firewall and encryption technologies to protect the gateways and pipelines through which the data travels;
  • not storing data on mobile storage media or laptops or other mobile devices unless protected with strong encryption at rest; and
5. Separation of Processing for Different Purposes

DOO PEOPLE implements suitable measures to ensure that data collected for different purposes can be processed separately. This is accomplished by:

  • access to data is separated through application security for the appropriate users;
  • modules within the DOO PEOPLE’s database separate which data is used for which purpose, i.e. by functionality and function;
  • at the database level, data is stored in different normalized tables, separated per module or function they support; and
  • interfaces, batch processes and reports are designed for only specific purposes and functions, so data collected for specific purposes is processed separately.