Legal & Privacy Information

1. Privacy Notice (POPIA)

OptiHR (Pty) Ltd ("OptiHR", "we", "our", "us") is committed to protecting your privacy and to the responsible, lawful handling of your personal information. This Privacy Notice is issued in compliance with the Protection of Personal Information Act 4 of 2013 (POPIA) and explains how we collect, use, store, and protect personal information.

This notice applies to all personal information collected through our website, contact forms, service engagements, and any other interaction with OptiHR. By providing us with your personal information, you acknowledge that you have read and understood this notice.

Last updated: March 2026

2. Personal Information We Collect

3. Lawful Basis for Processing

Under POPIA, we process personal information only where at least one of the following lawful conditions applies:

• Consent — You have given specific, informed, and voluntary consent (e.g. submitting a contact form or subscribing to communications).
• Contractual necessity — Processing is necessary to perform a contract with you, or to take steps at your request before entering a contract.
• Legal obligation — Processing is required to comply with an obligation under South African law.
• Legitimate interest — Processing is necessary for our legitimate business interests, provided these do not override your rights and interests.

4. How We Use Your Information

We use personal information only for the purposes for which it was collected, including:

• Responding to your enquiries and providing HR consulting services
• Processing and managing your service engagement and related contracts
• Sending relevant communications, proposals, or updates (where you have consented)
• Complying with our legal and regulatory obligations under South African law
• Improving our website and services through anonymised analytics
• Protecting OptiHR's legitimate business interests, including fraud prevention

We do not sell, rent, or trade your personal information to any third party for their own marketing or commercial purposes.

5. Retention of Personal Information

We retain personal information only for as long as necessary to fulfil the purpose for which it was collected, or as required by applicable law:

• Enquiry and contact form data — 3 years from last contact, unless an ongoing service relationship continues.
• Client service records and contracts — 5 years after the conclusion of the service engagement, as required by the BCEA and general contract law.
• Financial and invoicing records — 5 years as required by the Companies Act and SARS regulations.
• Website analytics data — Up to 26 months in anonymised or aggregated form.

Once the applicable retention period expires, personal information is securely deleted or permanently anonymised.

6. Sharing with Third Parties

We may share your personal information with trusted third parties strictly in the following circumstances:

• Service providers — IT, hosting, and software providers who process data on our behalf under written agreements containing POPIA-compliant data processing terms.
• Legal and professional advisors — Attorneys or other professionals where necessary to provide services or comply with legal obligations.
• Regulatory authorities — Where required by law, court order, or lawful government request.

All third-party processors are contractually bound to process your information only as instructed by us and in compliance with POPIA.

OptiHR does not transfer personal information outside South Africa without ensuring adequate and appropriate protection measures are in place, as required by section 72 of POPIA.

7. Your Rights Under POPIA

As a data subject, you have the following rights under POPIA, which you may exercise at any time:

• Right of access — Request a record of the personal information we hold about you.
• Right to correction or deletion — Request that inaccurate, irrelevant, outdated, or incomplete information be corrected or deleted.
• Right to object — Object to the processing of your personal information on reasonable grounds.
• Right to withdraw consent — Where processing is based on consent, withdraw that consent at any time. Withdrawal does not affect the lawfulness of prior processing.
• Right to lodge a complaint — If you believe your rights have been violated, you may lodge a complaint with the Information Regulator of South Africa at www.justice.gov.za/inforeg or email complaints.IR@justice.gov.za.

To exercise any of these rights, please submit a written request to our Information Officer (see section 8). We will respond within 30 days of receipt.

8. Information Officer

In compliance with section 55 of POPIA, OptiHR has appointed an Information Officer who is responsible for ensuring the organisation's compliance with POPIA and for handling all data subject requests and complaints.

All data subject access requests, requests for correction or deletion, objections to processing, or POPIA-related complaints should be directed to the Information Officer in writing at the contact details above.

9. Cookie Policy

Our website uses cookies and similar tracking technologies to improve your browsing experience, analyse site traffic, and understand how visitors interact with our content.

10. Terms of Use

By accessing and using the OptiHR website, you agree to these terms of use. The content published on this site is provided for general information purposes only. While we take care to ensure accuracy, OptiHR does not warrant that the information is complete, current, or free from error.

Nothing on this website constitutes legal advice. Please contact us directly for professional advice specific to your circumstances.

11. Contact & Complaints

For any questions or concerns about this Privacy Notice, your personal information, or these terms, please contact our Information Officer:

If you are not satisfied with how we have handled your personal information or your request, you have the right to lodge a complaint directly with the Information Regulator of South Africa: