The purpose of this privacy notice is to notify you that it is necessary and required of help2read (NPC) (“help2read”) to collect your Personal Information as a legal obligation of help2read, and which falls within the ambit of the legal functions and obligations of help2read within the framework of the employment relationship and as required by South African law.
The Processing of your Personal Information by help2read (as the responsible party) within the employment relationship falls within the ambit of POPIA.
POPIA aims to give effect to the constitutional right to privacy by balancing the right to privacy against that of access to information. The right to privacy is an integral human right recognised and protected in the South African Constitution, 1996 and POPIA aims to promote the protection of privacy by providing guiding principles that are intended to be applied to the processing of Personal Information in a context-sensitive manner.
‘Personal Information’ means any information relating to a directly or indirectly identified or identifiable natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
(a) information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g) the views or opinions of another individual about the person; and
POPIA EMPLOYEE PRIVACY NOTICE
(h) the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
‘POPIA’ means the Protection of Personal Information Act, 4 of 2013, as amended;
‘Processing’ or ‘Processed’ means any operation or set of operations which is performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, receipt, recording, organisation, collation, structuring, storage, updating, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
‘Special Personal Information’ means personal information concerning:
(a) the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of a data subject; or
(b) the criminal behavior of a data subject to the extent that such information relates to:
(i) the alleged commission by a data subject of any offence; or
(ii) any proceedings in respect of any offence allegedly committed
by a data subject or the disposal of such proceedings.
[For the purposes of this consent form, any reference to ‘Personal Information’ shall be deemed to include ‘Special Personal Information’]
In terms of section 18 of POPIA, help2read notifies you as follows:
3.1 WHERE INFORMATION IS COLLECTED FROM
Help2read collects and obtains your Personal Information either directly from you or from third parties.
3.1.1 Direct collection – help2read collects your Personal Information directly from you when you interact with help2read, contract with
help2read, communicate with help2read, take up employment with
help2read; complete a questionnaire or other information request form
which you them provide to help2read, and/or when help2read takes
your photograph and/or video recordings of you.
3.1.2 Collection from third parties – help2read collects your Personal Information from third parties such as: your previous employers;
regulators, government agencies; industry organisations; service
providers who may work with help2read; government agencies;
applicable professional bodies
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3.2 LEGAL GROUNDS FOR PROCESSING
Help2read is required to process your Personal Information in order to enable help2read to fulfil its legal and contractual obligations in its capacity as employer.
Personal Information may also be used based on the legitimate interests pursued by yourself as an employee of help2read and the legitimate interests pursued by help2read or by a third party (such as help2read’s affiliates and donors), except where such interests are overridden by the interests or fundamental rights and freedoms of yourself which require protection of Personal Information.
3.3 PURPOSES OF PROCESSING
The purpose of help2read Processing your Personal Information include: 3.3.1 Human resources and personnel management
This purpose includes human resource management activities carried
out as part of recruitment or the performance of an employment
contract, and includes on-boarding, termination of employment,
scheduling and recording time, performance, compensation and
benefits, and training.
3.3.2 Compliance with legal obligations
This purpose refers to the processing of Personal Information as
necessary to fulfil a legal obligation to which help2read is subject. Its
purpose is to ensure compliance with the law by help2read including
but not limited to the prevention of crimes and the disclosure of
Personal Information to government institutions and supervisory
authorities, including tax and labour authorities, in relation thereto.
3.3.3 Business process execution and internal management
This purpose addresses activities such as travel and expenses,
managing company assets, IT services, information security,
conducting internal audits and investigations, legal or business
consulting, and preparing for or engaging in dispute resolution.
3.3.4 Promotion, advertising and marketing of help2read’s work, the Tutor Literacy Programme and the work undertaken by the
This purpose refers to help2read taking photographs and/or video
footage of the Employee and/or otherwise collecting and processing
the Employee’s Personal Information so that this Personal Information
can be processed and published by help2read, help2read’s partnering
organisations and/or funders to promote, advertise and market the
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work that it does and the impact that it has, and in order to report back
to its funders and solicit further funding.
- TRANSFERS FOR THIRD PARTIES
While processing your Personal Information for the purposes indicated above, help2read may use the services of third parties. Thus, the third parties may receive or have access to your Personal Information. When using the services of any third party, help2read will ensure that the third party will provide suitable technical and organisational measures to protect the Personal Information as required by the applicable law, including POPIA.
- CROSS-BORDER DATA TRANSFERS
Help2read’s business, associates and funders go beyond the borders of one country. This globalisation demands not only the availability of communications and information systems across help2read, but also the worldwide Processing and use of information within help2read. Consequently, your data may be subject to cross border data transfers.
Help2read will share your Personal Information with its partnering organisations and funders. These partnering organisations and funders are located around the world.
When making cross border transfers of Personal Information, help2read will ensure that the third party will provide suitable technical and organisational measures to protect the Personal Information as required by the applicable law, including POPIA as well as other suitable safeguards recognised by POPIA (hereinafter referred to as “Supplier Data Processing Agreements”). You may request a copy of the Supplier Data Processing Agreements or information on the other applicable safeguards.
Your Personal Information will be stored for no longer than necessary, considering the purposes of the Processing activities. The retention will not exceed that required by applicable law.
- EMPLOYEE’S RIGHTS
7.1 You are entitled to receive information from help2read regarding help2read’s treatment of the Personal Information concerning any employee.
7.2 You have the right to request rectification and/or erasure of Personal Information or restriction of Processing concerning your Personal Information, or to object to Processing as well as the right to data portability.
7.3 To exercise your rights, you can contact help2read’s information officer at firstname.lastname@example.org
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7.4 You have the right to lodge a complaint with the South African Information Regulator at https://www.justice.gov.za/inforeg/. You can also contact help2read’s information officer at the details above to enforce any complaint.