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Annexure B - Employee Consent and Confidentiality Clause

"Personal Information" (Pl) shall mean the race, gender, sex, pregnancy, marital status, national or ethnic origin, colour, sexual orientation, age, physical or mental health, disability, religion, conscience, belief, culture, language and birth of a person; information relating to the education or the medical, financial, criminal or employment history of the person; any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person; the biometric information of the person; the personal opinions, views or preferences of the person; 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; the views or opinions of another individual about the person whether the information is recorded electronically or otherwise.
"POPIA" shall mean the Protection of Personal Information Act 4 of 2013 as amended from time to time.
The employer undertakes to process the Pl of the employee only in accordance with the conditions of lawful processing as set out in terms of POPIA and in terms of the employer's relevant policy available to the employee on request and only to the extent that it is necessary to discharge its obligations and to perform its functions as an employer and within the framework of the employment relationship and as required by South African law.
The employee acknowledges that the collection of his/her Pl is both necessary and requisite as a legal obligation, which falls within the scope of execution of the legal functions and obligations of the employer. The employee therefore irrevocably and unconditionally agrees:
1. That he/she is notified of the purpose and reason for the collection and processing of his or her Pl insofar as it relates to the employer's discharge of its obligations and to perform its functions as an employer.
2. That he/she consents and authorises the employer to undertake the collection, processing and further processing of the employee's Pl by the employer for the purposes of securing and further facilitating the employee's employment with the employer.
3. Without derogating from the generality of the aforestated, the employee consents to the employer's collection and processing of Pl pursuant to any of the employer's Internet, Email and Interception policies in place insofar as Pl of the employee is contained in relevant electronic communications.
4. To make available to the employer all necessary Pl required by the employer for the purpose of securing and further facilitating the employee's employment with the employer.
5. To absolve the employer from any liability in terms of_ POPIA for failing to obtain the employee's consent or to notify the employee of the reason for the processing of any of the employee's Pl.
6. To the disclosure of his/her Pl by the employer to any third party, where the employer has a legal or contractual duty to disclose such Pl.
7. The employee further agrees to the disclosure of his/her Pl for any reason enabling the employer to carry out or to comply with any business obligation the employer may have or to pursue a legitimate interest of the employer in order for the employer to perform its business on a day to day basis.
8. The employee authorises the employer to transfer his/her Pl outside of the Republic of South Africa for any legitimate business purpose of the employer within the international community. The employer undertakes not to transfer or disclose his/her Pl unless it is required for its legitimate business requirements and shall comply strictly with legislative stipulations in this regard.

The employee acknowledges that during the course of the performance of his/her services, he/she may gain access to and become acquainted with the personal information of certain clients, suppliers and other employees. The employee will treat personal information as a confidential business asset and agrees to respect the privacy of clients, suppliers and other employees.
To the extent that he/she is exposed to or insofar as Pl of other employees or third parties are disclosed to him/her, the employee Employee hereby agrees to be bound by appropriate and legally binding confidentiality and non-usage obligations in relation to the Pl of third parties or employees.
Employees may not directly or indirectly, utilise, disclose or make public in any manner to any person or third party, either within the organisation or externally, any personal information, unless such information is already publicly known or the disclosure is necessary in order for the employee or person to perform his or her duties on behalf of the employer.

Updated by Robert de Jager on 13 JUL 2021

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