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Employee Privacy Notice

The Employee Privacy Notice from Sibanye-Stillwater outlines how the company collects, processes, and stores personal information in compliance with the Protection of Personal Information Act. It details the types of personal information collected, the lawful bases for processing, and the rights of employees regarding their data. The notice also includes information on data security, sharing practices, and the procedures for breach notification.
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0% found this document useful (0 votes)
44 views5 pages

Employee Privacy Notice

The Employee Privacy Notice from Sibanye-Stillwater outlines how the company collects, processes, and stores personal information in compliance with the Protection of Personal Information Act. It details the types of personal information collected, the lawful bases for processing, and the rights of employees regarding their data. The notice also includes information on data security, sharing practices, and the procedures for breach notification.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 5

Addendum to:

Employee Offer of Employment


Fixed Term Offer of Employment

EMPLOYEE PRIVACY NOTICE


Sibanye-Stillwater is committed to protecting the privacy of your personal information.

This Privacy Notice describes how we collect, process and store your personal information in accordance
with the Protection of Personal Information Act No. 4 of 2013 (“POPIA”).

Sibanye-Stillwater is the responsible party for your personal information unless this Privacy Notice specifically
states otherwise.

Personal Information we collect, process and store

We collect, process and store the following information about you for the conclusion of your employment
contract with Sibanye-Stillwater:
• Personal details such as name, surname and title;
• Contact details such as addresses, telephone numbers and e-mail addresses;
• Gender;
• ID Number and/or Passport- and Work Permit number;
• Date of birth;
• Industry number and photograph
• Race;
• Details of relatives/family members employed at Sibanye-Stillwater;
• Biometric information i.e. fingerprints;
• Health information;
• Assessment applicable to the position;
• Recruitment information such as employment and education history including your qualifications,
employment references, disciplinary records as well as criminal records;
• Credit record information;
• Bank account details;
• Spouse, dependant/s, beneficiaries and next of kin;
• Children’s details; and
• Trade Union membership.

Lawful basis for processing

We rely on the following lawful bases for processing your personal information:
• processing necessary for conclusion of a contract;
• to comply with our legal obligations as the employer;
• to protect your legitimate interests; and
• for the purposes of our legitimate interests.

Where the information we process is special personal information, the additional bases for processing that we
rely on are:

Race information
Processing that is necessary to comply with laws and other measures designed to protect or advance persons,
or categories of persons, disadvantaged by unfair discrimination.

Health information and Job-related assessments


Processing that is necessary for:
• reasons related to enforcement of contractual obligation;
• compliance with laws; and
• protection of our legitimate interests.

Criminal behaviour
We process information about criminal records, offences and disciplinary records. The lawful bases we rely on
to process this information are:
• processing necessary for performance of a contract; and
Page 1 of 5

Note that depending on employment contract type, the contents may not apply in all instances.
This notice must be read in conjunction with the POPI Act and its Regulations for more detailed information.
Addendum to:
Employee Offer of Employment
Fixed Term Offer of Employment

• for the purposes of our legitimate interests.

Information provided by you on behalf of third parties, including children


We process information of third parties and children which you provide to us. The lawful basis we rely on is your
clear consent for us to process the personal information for a specific purpose.

How we collect your personal information

We collect personal information of employees through the application, recruitment and engagement
activities, either directly from you or through third-party sources.

We may:
• access any information accessed, received, sent or stored on any company owned computer or device;
and
• monitor, record and examine any email or internet activity on any company owned computer or device.

How we use your personal information

We will process your personal information for the following purposes:


• Employment administration and management such as administration of salaries or wages;
pension/provident, medical and other employment related benefits; the administration of statutory and
contractual leave entitlements such as holiday, family responsibility, sick or maternity leave;
development and training; talent management and performance appraisals; disciplinary and
grievance related processes and other general human resources related processes;
• Annual medical assessments;
• Access to business systems and applications;
• Access control and attendance monitoring;
• Detection and prevention of fraud, crime, money laundering or other malpractice;
• Audit and record keeping;
• Ongoing assessments, credit and criminal record checks where this is required by law or by your position
in the company;
• Statistical purposes; and
• Compliance with applicable legislation, and regulatory requirements.

With whom we share your personal information

We may share your personal information with third parties, regulating bodies and government departments
for the following purposes:
• Payment of salaries, wages and benefits;
• Pension/Provident fund, medical- and other employee related benefits;
• Judicial proceedings, court orders or government orders;
• Statutory and regulatory reporting;
• Legal compliance;
• Job-related assessments;
• Criminal record checks;
• Financial reference checks; and
• Our legitimate business interests.

We may also share your personal information with our Operators (third parties that collect, process and/or
store personal information on our behalf). We will have agreements in place with the third parties with whom
your personal information is shared to ensure that the confidentiality and integrity thereof is maintained.

How we safeguard your personal information

We have implemented generally accepted standards of technology and operational security in order to
protect the personal information we process from unauthorised access, loss, destruction, alteration or misuse.

Page 2 of 5

Note that depending on employment contract type, the contents may not apply in all instances.
This notice must be read in conjunction with the POPI Act and its Regulations for more detailed information.
Addendum to:
Employee Offer of Employment
Fixed Term Offer of Employment

We, on an ongoing basis, review our security controls and related processes to ensure that your personal
information is secure.

Our information security policies and practices include:


• Physical and logical security;
• Computer and network security;
• Secure communications;
• Security in contracting out activities or functions;
• Retention and disposal of personal information;
• Acceptable usage;
• Governance and regulatory issues;
• Monitoring access and usage of personal information; and
• Investigating and reacting to security breaches and/or incidents.

Cross border transfer of your personal information

We will ensure that the personal information transferred to a third party situated in a destination outside of
South Africa, is protected by similar or stricter privacy legislation. We will also put agreements in place that will
ensure legally enforceable commitment to protect the personal information transferred.

Retention and destruction of your personal information

We will retain your personal information for as long as it is necessary to fulfil the purposes for which it was
collected, after which your personal information will be deleted or destructed. The periods for which
information must be retained are determined by:
• Legal, contractual or other obligations to retain personal information as part of an investigation or for
litigation purposes;
• Information retention legislation;
• Personal information required to maintain accurate business and financial records in line with relevant
legislation; and
• Specific business requirements.

Your rights

You have the right to:


• Request access to and correction of your personal information;
• Request rectification, deletion or destruction of your personal information;
• Request restriction of processing of your personal information;
• Object to processing of your personal information; and
• Object to your personal information being used for automated decision making.

You should be aware that we will not always comply with your request. In such instance we will ensure that the
reason is explained to you. You should also be aware that we are not required to comply with your request to
delete or destruct your information if your personal information is necessary for compliance with a legal
obligation or for the establishment, exercise or defence of legal claims.

Breach notification

Should we become aware of any breach of security or operational measures that may potentially lead to the
unauthorised access, loss, destruction, alteration or misuse of your personal information, we will, as soon as
reasonably possible, investigate the matter and notify you and other affected parties, as well as the
Information Regulator, of such breach, in the prescribed manner and form, and will take reasonable steps to
mitigate against any risks resulting from such breach.

Consent

You have the right to withdraw your consent at any time if your consent was the lawful basis for us processing
your personal information. You should be aware that your withdrawal of consent may result in us no longer
Page 3 of 5

Note that depending on employment contract type, the contents may not apply in all instances.
This notice must be read in conjunction with the POPI Act and its Regulations for more detailed information.
Addendum to:
Employee Offer of Employment
Fixed Term Offer of Employment

being able to continue our relationship with you. We will however inform you of the likely consequences of
your decision to withdraw your consent.

Changes to this Privacy Notice

This Privacy Notice may change from time to time as needed to comply with changing laws and regulations.

How to contact us

If you have questions about this Privacy Notice or believe we have not adhered to it, or need further
information about our privacy practices, please contact us at privacy@sibanyestillwater.com.

Should you wish to exercise your right to request access to your information, correction or deletion of your
personal information refer to our Privacy Statement on https://www.sibanyestillwater.com.

How to contact the Information Regulator

Complaints relating to our processing of your personal information may be directed to the Information
Regulator in the prescribed manner and form. The contact details can be found on the website of the
Information Regulator located at https://www.justice.gov.za/inforeg.

I, ……………………………………….. (Name, Surname), ……………………….. (Industry Number) hereby explicitly


and voluntarily

YES NO*
confirm that prior to providing personal information of third parties to Sibanye-Stillwater for
processing, I have informed these third parties (i.e. spouse, dependant, beneficiary, family member,
and/or next of kin) thereof.
* In the event that my response is “No”, I acknowledge that it is my responsibility and will endeavour to inform
these third parties at my earliest convenience.

YES N/A**
in my capacity as the legal guardian or nominated competent person of a child under the age of
18 years, hereby consent to the processing of special personal information of such a child.
** ”Not applicable” indicates that this clause does not apply in my circumstances.

YES N/A***
consent that the contents of any company owned computer or device allocated to me, may be
accessed, monitored, recorded and examined.
*** I have not been allocated a company computer or device.

I hereby acknowledge that:


• I have been duly informed that my personal information will be processed by Sibanye-Stillwater as
detailed in this Employee Privacy Notice.
• I have been informed of my rights in relation to my personal information.
• I have provided honest, accurate and current personal information to Sibanye-Stillwater. I agree to
maintain and update such personal information when necessary to ensure reliance on the personal
information relating to me.

Page 4 of 5

Note that depending on employment contract type, the contents may not apply in all instances.
This notice must be read in conjunction with the POPI Act and its Regulations for more detailed information.
Addendum to:
Employee Offer of Employment
Fixed Term Offer of Employment

___________________________________ _______________________________
Employee Name and Surname Employee Signature

___________________________________
Date

Translated from English to ________________ on ___________________________by _____________________

Page 5 of 5

Note that depending on employment contract type, the contents may not apply in all instances.
This notice must be read in conjunction with the POPI Act and its Regulations for more detailed information.

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