Introduction

Overview

• Where we refer to “process”, it means how we collect, use, store, make available, destroy, update, disclose, or otherwise deal with youror your employees personal information. As a general rule we will only process this personal information if it is required to deliver or offer a service, provide a product or carry out a transaction.
• We may combine this personal information and use the combined personal information for any of the purposes stated in this Privacy Policy.
• If you use our other services, goods, products and service channels you agree that we may process this personal information as explained under this Privacy Policy. Sometimes you may provide us with consent to process this personal information.
• LabourNet Pty Ltd its affiliate, associate and subsidiary companies is a global organisation and as such this Privacy Policy will apply to the processing of personal information by any member of LaboutNet globally. If LabourNet Pty Ltd its affiliate, associate and subsidiary companies processes personal information for another party under a contract or a mandate, the other party’s privacy policy will apply to the processing of such information.
• LabourNet Pty Ltd can change this Privacy Policy from time to time if the law or our business practices requires such change.
• This policy establishes a general standard for the appropriate protection of personal information (POPI) within the LabourNet Pty Ltd its affiliate, associate and subsidiary companies environments furthermore, it provides principles regarding the rights of individuals to privacy and to reasonable safeguards of their personal information.

Scope

All employees, contractors, consultants, temporary and other workers at LabourNet, including all personnel affiliated with third parties must adhere to this policy. This policy applies to information assets owned or leased by LabourNet, or to devices that connect to a LabourNet network or reside at a LabourNet site.

Policy Statement

What is personal information?

Personal information refers to any information that identifies you or specifically relates to you, or your employees stored or processed on The Product/s. Personal information includes, but is not limited to, the following information about you and / or your employees:

• Marital status
• National origin
• Age
• Language
• Birth place
• Education
• Relevant financial history
• Identifying number (like an employee number, identity number or passport number)
• E-mail address; physical address (like residential address, work address or your physical location); telephone number
• Biometric information (like fingerprints, signature or voice)
• Race; gender; sex; pregnancy status; ethnic origin; social origin; colour; sexual orientation
• Physical health; mental health; well-being; disability; religion; belief; conscience; culture
• Medical history; criminal history; employment history
• Personal views, preferences and opinions
• Another’s views or opinions about you
• Full names and initials

Personal information includes special personal information, as explained below.

When will we process your personal information?

We will only process this personal information for lawful purposes relating to our business if the following applies:

• If you have consented thereto
• If a person legally authorised by you, the law or a court, has consented thereto
• If it is necessary to conclude or perform under a contract we have with you
• If the law requires or permits it
• If it is required to protect or pursue your, our or a third party’s legitimate interest

What is special personal information?

Special personal information is personal information about the following:

• Race (like where a company submits reports to the Department of Labour where the statistical information must be recorded)
• Ethnic origin
• Trade union membership
• Health (like where you apply for an insurance policy)
• Bometric information (like to verify your identity); and / or your criminal behavior and alleged commission of an offense

When will we process your special personal information?

We may process your special personal information in the following circumstances:

• If you have consented to the processing
• If the information is being used for any Human Resource or payroll related requirement
• If the processing is needed to create, use or protect a right or obligation in law
• If the processing is for statistical or research purposes and all legal conditions are met
• If the special personal information was made public by you
• If the processing is required by law

When and from where we obtain personal information about you

• We collect personal information from the payroll or HR departments of our clients when they capture financial and non-financial information
• We collect personal information from 3rd parties that are directly integrated with our software platform
• We collect information about you based on your use of our products, services or service channels (like our Platform, Applications, Employee Self Service, and Websites)
• We collect information about you based on how you engage or interact with us such as via our support desk, emails, letters, telephone calls and surveys
• We collect personal information from completed forms ie contact and billing information

If the law requires us to do so, we will ask for your consent before collecting personal information about you or your employees from third parties. The third parties from whom we may collect your personal information include, but are not limited to, the following:

• Our partners, your employer directly, any of our other Bureau or channel partners and any connected companies, subsidiary companies, its associates, cessionaries, delegates, assigns, affiliates or successors in title and / or appointed third parties (like its authorised agents, partners, contractors and suppliers) for any of the purposes identified in this Privacy Policy;
• your spouse, dependents, partners, employer, and other similar sources;
• people you have authorised to share your personal information, like a person that makes a travel booking on your behalf or a medical practitioner for insurance purposes;
• attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements;
• payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions, like EFT transaction partners.
• insurers, brokers, other financial institutions or other organisations that assist with insurance and assurance underwriting, the providing of insurance and assurance policies and products, the assessment of insurance and assurance claims and other related purposes;
• law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime;
• regulatory authorities, industry ombudsman, governmental departments, local and international tax authorities;
• trustees, Executors or Curators appointed by a court of law;
• our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you;
• courts of law or tribunals;

Reasons we need to process your personal information

We will process your personal information for the following reasons:

• to provide you with products, goods and services; such as payroll and HR, IR services.
• to market our products, goods and services to you;
• to respond to your enquiries and complaints;
• to comply with legislative, regulatory, risk and compliance requirements (including directives, sanctions and rules), voluntary and involuntary codes of conduct and industry agreements or to fulfill reporting requirements and information requests;
• to conduct market and behavioral research, including scoring and analysis to determine if you qualify for products and services or to determine your credit or insurance risk;
• to develop, test and improve products and services for you;
• for historical, statistical and research purposes, like market segmentation;
• to process payment instruments;
• to create, manufacture and print payment advice (like a payslip);
• to enable us to deliver goods, documents or notices to you;
• for security, identity verification and to check the accuracy of your personal information;
• to communicate with you and carry out your instructions and requests;
• for customer satisfaction surveys, promotional offerings.
• to enable you to take part in and make use of value-added products and services;
• to assess our lending and insurance risks; and / or
• for any other related purposes.

How we use your personal information for marketing purposes

• We will use your personal information to market our technology, services, and related products and services to you
• We may also market non-banking or non-financial products, goods or services to you
• We will do this in person, by post, telephone, or electronic channels such as SMS, email
• If you are not our customer, or in any other instances where the law requires, we will only market to you by electronic communications with your consent
• In all cases you can request us to stop sending marketing communications to you at any time

When, how and with whom we share your personal information

In general we will only share your personal information if any one or more of the following apply:

• If you have consented to this
• If it is necessary to conclude or perform under a contract we have with you
• If the law requires it; and / or
• If it’s necessary to protect or pursue your, our or a third party’s legitimate interests

Where required, each member of LabourNet may share your personal information with the following persons. These persons have an obligation to keep your personal information secure and confidential.

• Other members of LabourNet, its associates, cessionary, delegates, assigns, affiliates or successors in title and / or appointed third parties (like its authorised agents, partners, contractors and suppliers) for any of the purposes identified in this Privacy Policy
• Our employees as required by their employment conditions
• Attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements
• Payment processing services providers, merchants, banks and other persons that assist with the processing of your payment instructions, like 3rd party EFT service providers
• Law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime
• Regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities and other persons the law requires us to share your personal information with
• Our service providers, agents and sub-contractors like couriers and other persons we use to offer and provide products and services to you
• Persons to whom we have ceded our rights or delegated our obligations to under agreements, like where a business is sold
• Courts of law or tribunals that require the personal information to adjudicate referrals, actions or applications;
• Trustees, Executors or Curators appointed by a court of law
• Participating partners in our customer loyalty reward programmes, where you purchase goods, products and service or spend loyalty rewards; and / or our joint venture and other partners with whom we have concluded business agreements, for your benefit

Under what circumstances will we transfer your information to other countries?

We will only transfer your personal information to third parties in another country in any one or more of the following circumstances:

• Where your personal information will be adequately protected under the other country’s laws or an agreement with the third party recipient
• Where the transfer is necessary to enter into or perform under a contract with you, or a contract with a third party that is in your interest
• Where you have consented to the transfer; and / or
• Where it is not reasonably practical to obtain your consent, the transfer is in your interest

This transfer will happen within the requirements and safeguards of the law. Where possible, the party processing your personal information in the other country will agree to apply the same level of protection as available by law in your country or if the other country’s laws provide better protection the other country’s laws would be agreed to and applied. An example of us transferring your personal information to another country is where foreign payments take place if you purchase goods or services in a foreign country, or request that we facilitate salary payments to your employees in the countries.

Your duties and rights about the personal information we have about you

You must provide proof of identity when enforcing the rights below. You must inform us when your personal information changes. Please refer to our Promotion of Access to Information Act 2 of 2000 Manual (PAIA Manual) for further information on how you can give effect to the rights listed below.