Teacher Terms & Privacy Policy
The Spoken Language (Pty) Ltd, South Africa · Effective: January 2025
1. Definitions
- "The Spoken Language" means The Spoken Language (Pty) Ltd, incorporated under the laws of South Africa.
- "Teacher" means any individual who submits an application to, or is registered with, The Spoken Language's teacher network.
- "Partner" means any school, language platform, corporation, or other organisation to which a Teacher may be introduced by The Spoken Language.
- "Placement" means an introduction or referral of a Teacher to a Partner for the purposes of a teaching engagement.
- "Personal Information" has the meaning assigned in POPIA and includes any information that identifies or can reasonably identify a natural person.
- "POPIA" means the Protection of Personal Information Act 4 of 2013 (South Africa).
- "GDPR" means the General Data Protection Regulation (EU) 2016/679.
- "Platform" means The Spoken Language's website, teacher portal, and related digital services.
2. Acceptance of Terms
By submitting a teacher application or registering on our Platform, you confirm that:
- You have read, understood, and agree to be bound by these terms and our Privacy Policy.
- All information you provide is accurate, complete, current, and not misleading.
- You are legally entitled to work as an English language teacher and to enter into this agreement.
- You consent to the processing of your personal information as described in this policy.
- You are at least 18 years of age.
3. Nature of the Relationship
The Spoken Language operates as a teacher supply and placement agency. We source, vet, and place qualified South African English teachers with partner organisations. Upon successful placement, you will be engaged as an employee of The Spoken Language or of the Partner organisation, as set out in a separate written employment contract issued at the time of placement.
These terms govern the application and registration process. Your employment rights, remuneration, leave entitlements, and conditions of service will be set out in your individual employment contract and are subject to the Basic Conditions of Employment Act 75 of 1997 (BCEA) and the Labour Relations Act 66 of 1995 (LRA) of South Africa, and any equivalent legislation applicable in your jurisdiction.
- Submitting an application does not guarantee an offer of employment.
- The Spoken Language reserves the right to decline any application at its sole discretion without obligation to provide reasons.
- Any offer of employment will be confirmed in a separate written employment agreement.
4. Teacher Eligibility & Obligations
To apply for and maintain employment through The Spoken Language, you agree to:
- Hold valid, current, and authentic teaching qualifications as stated in your application and provide original documents for verification upon request.
- Notify us promptly of any changes to your qualifications, availability, contact details, right to work status, or legal standing.
- Conduct yourself professionally and respectfully in all interactions with Partners, students, and The Spoken Language staff at all times.
- Not misrepresent your experience, qualifications, nationality, or any other information to us or to Partners.
- Comply with all applicable employment laws, regulations, and professional standards relevant to English language teaching in your jurisdiction.
- Maintain a professional, distraction-free, and appropriately lit teaching environment for all online sessions.
- Ensure you have the necessary equipment (stable internet connection, HD webcam, quality headset or microphone) to deliver online lessons effectively.
- Adhere to any reasonable workplace policies, codes of conduct, and instructions issued by The Spoken Language or the Partner organisation.
5. Safeguarding & Child Protection
Where your teaching engagement involves learners under the age of 18, you agree to:
- Comply fully with all applicable child protection and safeguarding legislation in your jurisdiction, including the Children's Act 38 of 2005 (South Africa) and equivalent international legislation.
- Never request, collect, or store personally identifiable information about minors (including date of birth, home address, government ID, or phone number) beyond what is operationally required and authorised.
- Never engage in any communication with a student minor outside of approved, Partner-sanctioned channels.
- Report any safeguarding concern, disclosure, or incident to the Partner and to The Spoken Language immediately.
- Hold or be willing to obtain appropriate safeguarding or child protection training as reasonably required.
- Consent to any background check or DBS/police clearance reasonably required by a Partner as a condition of placement.
6. Professional Conduct & Content Standards
You agree that in all teaching activities and communications through or connected to our Platform you will not:
- Use offensive, discriminatory, sexually inappropriate, hateful, abusive, or misleading language or materials.
- Share, reproduce, or use teaching materials that infringe the intellectual property rights of any third party.
- Solicit students or Partners to bypass The Spoken Language and engage your services directly (see clause 7).
- Record lessons or video sessions without the explicit consent of all participants and the Partner organisation.
- Use your profile, video, or any content shared through our Platform for purposes other than legitimate teaching or application purposes.
7. Non-Circumvention
You agree that during your registration with The Spoken Language and for a period of 12 months after its termination, you will not directly approach, solicit, or enter into a direct teaching arrangement with any Partner introduced to you through our Platform, without our prior written consent. Breach of this clause entitles The Spoken Language to seek damages and/or an interdict in the competent court.
8. Intellectual Property
You retain ownership of original teaching materials you create. However, by uploading video recordings, profile content, or other materials to our Platform, you grant The Spoken Language a non-exclusive, royalty-free licence to display, share with Partners, and use that content for legitimate placement and marketing purposes. You may withdraw this consent at any time by contacting us, subject to content already shared with Partners.
9. Personal Information We Collect
When you apply and register, we collect the following categories of personal information:
| Category | Examples | Purpose |
|---|---|---|
| Identity & Contact | Full name, email, phone number, nationality, country of residence | To identify you and communicate regarding your application and placements |
| Professional Profile | Qualifications, certifications, years of experience, teaching specialisms, CV, degree documents | To assess suitability and match you with appropriate Partners |
| Audio-Visual Content | Profile photo, intro video, demo lesson video | To present your profile to prospective Partners and for vetting purposes |
| Availability & Preferences | Time zone, teaching hours, class formats, platforms used | To match you with Partners whose requirements align with your availability |
| Safeguarding Information | DBS/police clearance status, safeguarding training details | To ensure compliance with child protection requirements where applicable |
| Usage Data | IP address, browser type, pages visited, login timestamps | Platform security, analytics, and fraud prevention |
10. Legal Basis for Processing (POPIA & GDPR)
- Contractual necessity: Processing is required to assess your application and, if successful, to facilitate placements on your behalf.
- Legitimate interests: We have a legitimate interest in operating our business, vetting teachers, preventing fraud, and maintaining records.
- Consent: For audio-visual content (photos and videos) and marketing communications. You may withdraw consent at any time.
- Legal obligation: We may process your information where required by applicable South African law or international regulation.
11. How We Use Your Personal Information
- To review and process your teacher application and maintain your teacher profile.
- To introduce you to suitable Partner organisations and facilitate placement negotiations.
- To communicate with you about your application, placements, and updates to our services.
- To display your profile (including name, qualifications, bio, photo, and video) to prospective Partners.
- To verify the authenticity of your qualifications and documents where necessary.
- To maintain records required for legal compliance and business operations.
- To detect and prevent fraud, misrepresentation, or misuse of our Platform.
12. Sharing of Personal Information
We do not sell your personal information. We may share it with:
- Partner organisations: Your professional profile (name, qualifications, bio, photo, video) is shared with Partners to facilitate placement. We do not share your private contact details (phone number, personal email) without your consent.
- Service providers: Trusted third-party providers who assist us in operating our Platform (e.g. cloud hosting, email services), bound by data processing agreements.
- Legal authorities: Where required by South African law, court order, or to protect the safety of students or 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.
13. Data Retention
- Active teacher profiles: Retained for the duration of your registration and for 5 years thereafter.
- Unsuccessful applications: Retained for 12 months from the date of submission, then securely deleted or anonymised.
- Video and photo content: Deleted within 30 days of your written request to remove it, unless retention is required by law.
- Legal claims: Retained for the period required under the Prescription Act 68 of 1969.
14. Your Rights as a Data Subject
Under POPIA (and GDPR if you are located in the EU/UK), you have the following rights:
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, including sharing your profile with Partners.
Receive your data in a structured, commonly used, machine-readable format (GDPR).
Withdraw consent (e.g. for video/photo use) at any time, 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 our response, you may 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.
15. Security of Personal Information
We implement appropriate technical and organisational measures to protect your personal information, including:
- Encrypted data transmission (HTTPS/TLS) for all data submitted through our Platform.
- Access controls ensuring only authorised staff can view teacher records and documents.
- Secure storage of uploaded documents, photos, and video files.
- Regular security reviews and updates to our systems.
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.
16. Termination
Termination of employment will be governed by your individual employment contract and applicable South African employment law, including the Labour Relations Act 66 of 1995. No employee will be dismissed without a fair reason and a fair procedure. During the application and registration period (before an employment contract is issued), The Spoken Language reserves the right to withdraw a registration or decline a placement where:
- False or misleading information is discovered in the teacher's application or profile.
- A safeguarding concern is raised or confirmed.
- The teacher has breached these terms, including the non-circumvention clause.
- A Partner reports serious misconduct or professional failure.
- The teacher no longer meets the eligibility requirements set out in clause 4.
Upon termination or withdrawal of registration, the non-circumvention obligation in clause 7 continues for 12 months. We will handle your personal data in accordance with clause 13.
17. 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.
18. Governing Law and Jurisdiction
These terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts, without prejudice to our right to seek urgent relief in any competent jurisdiction. Where you are based in the EU or UK, we acknowledge our obligations under GDPR and UK GDPR as applicable.
19. Amendments
We may update these terms from time to time to reflect changes in law, our practices, or platform features. Where changes are material, we will notify registered teachers by email at least 14 days before they take effect. Continued use of our Platform after that date constitutes acceptance of the updated terms.