THE PROTECTION OF PERSONAL INFORMATION
- This act is provided as an Annexure to all Employment Contracts.
- The annexure defines requirements to ensure the Employers compliance with laws and regulations applicable to the collection, use, storage, and transmission of Personal Information throughout its business in accordance with the Protections of Personal Information Act, (No. 4 of 2013) (“POPI”).
- The Employee consents to the Employer collecting and processing any of the Employee’s personal information in accordance with POPI, any associated regulations and any other applicable laws, and for any necessary business requirement, including but not limited to:
- any legitimate purposes connected with the Employee’s employment, including but not limited to maintaining personal contact details, to comply with applicable legislation, payroll and remuneration, implementing health management systems, performance evaluation, training, development planning, occupational health and safety, security and access control, implementation of medical aid schemes and retirement funding, administration of benefits, to ensure the Employee proceeds on sick leave and maternity leave when necessary, to protect the Employees’ beliefs and culture, employment and credit references, succession and contingency planning;
- providing the Employee’s Personal Information to current or prospective customers, including it as part of any tender submissions, or for general compliance purposes;
- to verify any information provided by the Employee to the Employer
- comply with laws and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination.
- protect the Employers’ legitimate interests in respect of credit-related matters, criminal offences which have been, or can reasonably expected to be, counted against the Employee or other employees of the Employer;
- to perform obligations under law or contract, to protect the legitimate interests of the Employee or to pursue the legitimate interests of the Employer or of a third party to whom the information is supplied.
- For purposes of this letter, “processing” refers to processing as defined in POPI and includes but is not limited to collecting, receiving, recording, organising, collating, storing, updating, retrieving, altering, using, disseminating, distributing, merging, linking, blocking, degrading, erasing or destroying of any personal information.
- The Employee similarly consents to the processing, analysing and assessment of the Employee’s personal information by any third party, whether based in South Africa or in other jurisdictions for the above-mentioned purposes. Any personal information will only be used by any such third parties in accordance with the instructions of the Employer.
- The Employee warrants that all personal information it provides to the Employer shall always be true and correct and that the provision of inaccurate and/or misleading personal information shall constitute serious misconduct, subject to appropriate disciplinary action, including potential dismissal.
- The processing of personal information by the Employer will also be subject to any applicable policy regulating the processing of personal information, copies of which will be provided to the Employee on request.
- Furthermore, the Employee shall by virtue of his or her employment, have access to the personal, private and confidential information of clients, customers, suppliers, fellow employees and other parties. The Employee agrees to process such information strictly in accordance with the provisions of POPI and the Employers specific policies and procedures, including but not limited to its Internal Data Privacy and Security Policy.
- The Employee warrants that he/she shall take necessary steps to ensure a clear understanding of the policies pertaining to the protection of personal information and accepts that a failure to comply with such policies may subject the Employee to disciplinary action.
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