CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (“POPIA”) – EMPLOYEES
INFORMED CONSENT NOTICE IN TERMS OF SECTION 18 (“NOTICE”)
ABOUT POPIA

1.1POPIA regulates and controls the processing of a person or legal entity's Personal Information, which processing includes the collection, use, and transfer of a person or legal entity's Personal Information (as defined below).

1.2In terms of POPIA, “Personal Information” means –

1.2.1.1information 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;

1.2.1.2information relating to the education or the medical, financial, criminal or employment history of the person;

1.2.1.3any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

1.2.1.4the biometric information of the person;

1.2.1.5the personal opinions, views or preferences of the person;

1.2.1.6correspondence 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;

1.2.1.7the views or opinions of another individual about the person; and

1.2.1.8the 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.

1.2.1information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to –

1.3In terms of POPIA, where a person processes another’s Personal Information, such processing must be done in a lawful, legitimate and responsible manner and in accordance with the provisions, principles and conditions set out under POPIA.

1.4Food Lovers Holdings Proprietary Limited, and its direct and indirect subsidiaries (“FLM Group”) does and will from time to time process Personal Information which belongs or is held by you. Following this, and in accordance with the requirements of POPIA, we require your consent to process your Personal Information. By providing us with your Personal Information, your consent to the collection thereof is implied.

DETAILS OF THE PERSONAL DATA OR INFORMATION WE COLLECT FROM YOU

2.1In order to engage and / or interact with you, for the purposes described below, we will have to process certain types of your Personal Information. Such information includes, but is not limited, to the following –

2.1.1Your identifying particulars (such as name, identity number, passport number, nationality, demorgraphic, age and date of birth, marriage status, gender, physical characteristics)

2.1.2Your contact information (such as address, contact number, email address and similar contact information);

2.1.3Your education and prior employment related information (such as your education (including schools attended, academic degrees or areas of study, academic performance), work performance and history, and similar data;

2.1.4Tax and Financial Information (such as banking details and tax registration number);

2.1.5Health history and records (such as medical status and history, examinations, blood type, medical aid history, disability-related information, biometrics, medicals, psychometrics and similar data); and

2.1.6Images (such as photos or video recordings of you).

SOURCES OF INFORMATION – HOW AND WHERE WE COLLECT YOUR PERSONAL INFORMATION

3.1We collect and obtain Personal Information about you either directly from you or from certain third parties, such as –

3.1.1Recruitment or employment agencies, previous employers and colleagues;

3.1.2Service providers and business partners who work with us and who we may utilise to deliver services;

3.1.3Government agencies, regulators and others such governmental bodies who release or publish public records; and

3.1.4Other publicly or generally available sources, such as social media sites, public and online websites, open databases, and data in the public domain.

PURPOSE FOR PROCESSING YOUR PERSONAL INFORMATION

4.1Your Personal Information is required to be processed by us for, inter alia, the following purposes –

4.1.1 Recruitment (to communicate with you and to carry out due diligence exercises);

4.1.2 Employment (to carry out our pay roll obligations, conduct performance assessments, to conduct disciplinary hearings and investigations, to facilitate business travel and other purposes incidental to your employment contract);

4.1.3 Employment benefits (to manage your benefits, including administering remuneration, relocation, insurance, payroll, pensions, medical insurance and other employee benefits);

4.1.4 Legal (to comply with our legal obligations such as labour, tax, occupational health and safety and B-BEEE laws, to monitor equal employment opportunities, to register for VAT, Tax, PAYE, SDL, COIDA and UIF);

4.1.5 IR and Labour relations (to manage membership to trade unions and collective agreements for administering collective employee arrangements where these are in place);

4.1.6 Security (to permit you access to our offices, facilities, operations or parking areas);

4.1.7 Communication (to communicate with you through our employee engagement and communications platforms);

4.1.8 Advertising, marketing and public relations communications (your image or video recordings of you may be utilised in advertising and marketing communications); and

4.1.9 Sale, merger, acquisition, disposition, restructure or investment of our business. In this regard, we may disclose your Personal Information to third parties, such as law firms conducting due diligence investigations and any potential acquirer of or investor in any part of the FLM’s business for the purpose of that acquisition or investment.

CONSEQUENCES OF YOU WITHHOLDING CONSENT OR PERSONAL INFORMATION

5.1 The supply of your Personal Information is mandatory. Should you refuse to provide us with your Personal Information, which information is required by us for the purposes indicated above, the Company will be unable to engage with you and/or enter into any subsequent relationship with you.

ACCESS BY OTHERS AND CROSS BDRDER TRANSFER

6.1 FLM may from time to time have to disclose your Personal Information to other parties. These parties include –

6.1.1Business partners;

6.1.2Third-party service providers;

6.1.3Lawyers and auditors;

6.1.4Regulatory bodies and /or governmental officials and law enforcement agencies;

6.1.5Any potential acquirer of or investor in any part of the FLM’s business for the purpose of that acquisition or investment; and

6.1.6Overseas trading parties or agents.

6.2Such disclosure will always be subject to an agreement which will be concluded as between FLM and the party to whom it is disclosing your Personal Information to, which contractually obliges the recipient of your Personal Information to comply with strict confidentiality and data security conditions.

6.3Where Personal Information and related data is transferred to a country which is situated outside the borders of South Africa, your Personal Information will only be transferred to those countries which have similar data privacy laws in place or where the recipient of the Personal Information is bound contractually to a no lesser set of obligations than those imposed by POPIA

YOUR RIGHTS WITH REGARDS TO YOUR PERSONAL INFORMATION

7.1The right of access – you may ask us to confirm that we hold your Personal Information, or ask us to provide you with details of how we have processed your personal information.

7.2The right to rectification – You have the right to ask us to update or rectify any inaccurate personal information.

7.3The right to object to and restrict further processing - if you are not in agreement with us processing your Personal Information, you have the right to object to us processing such Personal Information, subject to the provisions of paragraph 6 above.

OUR CONTACT DETAILS
COMPLAINTS

9.1Should you have a complaint about how we are processing your Personal Information, or if you wish to object to us processing your Personal Information or request a correction of your Personal Information, you may contact us using the details provided above.

9.2In terms of POPIA, you are also entitled to direct a complaint to the Office of the Information Regulator if you feel your complaint has not been adequately addressed directly by us. The Office of the Information Regulator may be contacted at:

9.2.1 inforeg@justice.gov.za

9.2.2 POPIAComplaints.IR@justice.gov.za; or

9.2.3 http://www.justice.gov.za/inforeg/

ACCEPTANCE

10.1By providing us with the Personal Information we require –

10.1.1 You acknowledge that you understand why your Personal Information needs to be processed;

10.1.2 You accept the terms which will apply to such processing, further processing, including the terms applicable to the transfer of such Personal Information; and

10.1.3 You agree that we may process your Personal Information.