PRIVACY NOTICE
1. WE TAKE YOUR DATA AND PRIVACY VERY SERIOUSLY
1.1. It is important that you read this Notice carefully before submitting any Personal Information to us.
1.2. Discovery recognises its responsibility to protect the Personal Information that it collects and to minimize the possible compromise to such information. As such, we respect the right to privacy and confidentiality of your Personal Information.
1.3. All references to 'our', 'us', 'we' or 'Discovery' within this Privacy Notice are deemed to refer to Discovery Holding Limited and, as applicable, its subsidiaries, affiliates and any of their respective associated companies and related businesses and related companies ("Discovery Group").
1.4. Discovery is the Responsible party and therefore responsible for collection and processing of your Personal Information. The physical address of the head office of Discovery is 1 Discovery Place, Sandton, South Africa, 2196.
1.5. This privacy notice ("Notice") sets out how your Personal Information will be used and protected by us and applies to any information, including Personal Information and Special Personal Information, which you give to us or which we may collect from third parties.
1.6. "Personal Information" means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic persons, including, but not limited to-
1.6.1 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;
1.6.2 information relating to the education or the medical, financial, criminal or employment history of the person;
1.6.3 any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
1.6.4 the biometric information of the person;
1.6.5 the personal opinions, views or preferences of the person;
1.6.6 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;
1.6.7 the views or opinions of another individual about the person; and
1.6.8 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.
1.7. "Special Personal Information" means Personal Information concerning-
1.7.1 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
1.7.2 the criminal behaviour of a data subject to the extent that such information relates to-
1.7.2.1 the alleged commission by a data subject of any offence; or
1.7.2.2 any proceedings in respect of any offence allegedly committed by a data subject or the disposal of such proceedings.
1.8. "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including -
1.8.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
1.8.2 dissemination by means of transmission, distribution or making available in any other form; or
1.8.3 merging, linking, as well as restriction, degradation, erasure or destruction of information.
1.9. By submitting any Personal Information to us you provide explicit consent to the processing of such Information as set out in this Notice. Furthermore, you agree that Discovery, may collect, process, transfer, use, and disclose your Personal Information as described in this Notice.
1.10. Please do not submit any Personal Information to us if you do not agree to any of the provisions of this Notice. If you do not consent to the provisions of this Notice, or parts of the Notice, Discovery will not be able to fulfil the primary purpose and applicable legitimate purpose for which your Personal Information is collected.
2. PURPOSES FOR COLLECTION AND PROCESSING
2.1 We will process your Personal Information in the ordinary course of the business and in line with the provisions of this Notice. We will only use your Personal Information for the purposes for which it is originally or primarily collected. We will only use your Personal Information for a secondary purpose if such purpose constitutes a legitimate interest and is closely related to the original or primary purpose for which the Personal Information was collected, or with your consent. We may subject your Personal Information to Processing during the course of various activities, including, without limitation, the following -
2.1.1 to register and complete the Psychometric assessment;
2.1.2 to communicate with you regarding the Psychometric assessment;
2.1.3 for any other related Psychometric assessment purposes;
2.1.4 for purposes related to your potential employment or employment with Discovery;
2.1.5 to confirm, verify and update your details;
2.1.6 for audit and record-keeping purposes;
2.1.7 compliance with applicable law and fraud prevention;
2.1.8 transfer of information to our Service Providers and other third parties.
3. PERSONAL INFORMATION WE MAY COLLECT ABOUT YOU AND PROCESS
3.1 We may collect and process including, without limitation, the following Personal Information about you -
3.1.1 Full names and Surname;
3.1.2 Identity number;
3.1.3 Demographic information;
3.1.4 Physical address;
3.1.5 E-mail address;
3.1.6 Contact details; and
3.1.7 Data from cognitive, personality, aptitude, and other psychometric assessments.
4. SPECIAL PERSONAL INFORMATION
4.1 Special Personal Information is sensitive Personal Information relating to you and we acknowledge that we will generally not process Special Personal Information unless -
4.1.1 processing is carried out in accordance with your explicit consent;
4.1.2 processing is necessary for the establishment, exercise or defence of a right or obligation in law;
4.1.3 information has deliberately been made public by you; or
4.1.4. specific authorization has been obtained in terms of POPIA.
5. COLLECTION OF PERSONAL INFORMATION AND DATA ACCURACY
5.1 We have a duty to take all reasonably practicable steps to ensure your Personal Information is complete, accurate, not misleading and updated on a regular basis. To enable this, the Personal Information will be collected directly from you. Where we are unable to collect the Personal Information directly from you, we will collect it from another source. Should your Personal Information change, the onus is on you to notify us of the change and provide us with the accurate or up to date Information.
6. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
6.1 We may from time to time have to disclose your Personal Information to Discovery and its Service Providers for legitimate business purposes, in accordance with applicable law and subject to applicable professional and regulatory requirements regarding confidentiality. In addition, we may disclose your Personal Information -
6.1.1 if required by law;
6.1.2 to third party operators (including, but not limited to, data processors such as providers of data hosting services), located anywhere in the world, subject to clause 7.2;
6.1.3 to any relevant party for the purposes of fraud prevention and/or in the interest of security and crime prevention;
6.1.4 to any relevant third parties for the purposes set out in this Notice or where it is not unlawful to do so;
6.1.5 where it is necessary for the purposes of, or in connection with, actual or threatened legal proceedings or establishment, exercise or defence of legal rights; and
6.1.6 to legal and regulatory authorities.
6.2 In addition to the aforementioned, your Psychometric assessment report may be disclosed to our appropriately qualified psychologist who is trained to analyse and interpret the assessment data. Such a qualified party is professionally and legally bound to working with your results in an ethical, confidential, and legally compliant manner. Our qualified psychologist is obliged to provide appropriate feedback on the Psychometric assessment results to the relevant party who has requested that you take the Psychometric assessment.
6.3 Subject to clause 7.2, if we engage a third-party operator, who is in a foreign country, to process your Personal Information such disclosure will comply with the requirements in POPIA in respect of transborder transfers of Personal Information. We will require that these third-party operator process your Personal Information for the purposes specified by us and we will also require that such parties implement appropriate measures to protect the confidentiality and security of your Personal Information.
7. TRANSBORDER TRANSFER OF PERSONAL INFORMATION
7.1 You agree that we may transfer your Personal Information to recipients outside of the Republic of South Africa. Your information, including Personal Information, may be transferred to and maintained on servers located outside the Republic of South Africa.
7.2 Where your Personal Information is transferred to a country which is situated outside the borders of South Africa, your Personal Information will only be transferred if the recipient of such Information is subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection that effectively upholds principles for reasonable processing of the information that are substantially similar to the conditions for lawful processing in the POPIA. The operator/third party undertakes to protect the Personal Information in line with applicable data protection legislation and the transfer is necessary in order to fulfil the primary purpose and applicable legitimate purpose for which your Personal Information is collected.
7.3 Take note that the processing of Personal Information in a foreign jurisdiction may be subject to the laws of the country in which the Personal Information is held, and may be subject to disclosure to the governments, courts of law, enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
8. PRIVACY AND INDEMNITY
8.1 Your privacy is important to us, and we will endeavour to take all reasonable and appropriate measures to ensure that any Personal Information in our possession or processed on our behalf is kept confidential and secure. We will only use your Personal Information in accordance with this Notice and applicable data protection legislation. It is important that you take all the necessary and appropriate steps to protect your Personal Information yourself (for example, by ensuring that all passwords and access codes are kept secure).
8.2 We will review and update our technical and organisational security measures in accordance with future legislation and technological advances to protect your information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or unauthorized access.
8.3 You hereby indemnify and hold us harmless from any loss or damages that you may incur as a result of any Security Compromise of your Personal Information to unauthorized persons or resulting from your acts or omissions. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.
9. YOUR LEGAL RIGHTS
9.1 You have the right to object to the processing of your Personal Information. Whilst it is voluntary to accept these terms and conditions, should you not provide the required information, we will be unable to fulfil the primary purpose and applicable legitimate purpose for which your Personal Information is collected.
9.2 You have the right to know what Personal Information we hold about you. If you wish to receive a copy, please complete a form called an 'Access Request Form' and specify the information you would like. This form can be found on the Discovery website (https://www.discovery.co.za/corporate/privacy/). All reasonable steps will be taken to confirm your identity before providing details of your Personal Information. We are entitled to charge a fee for this service and will let you know what it is at the time of your request.
9.3 You have the right to ask us to update, correct or delete your Personal Information and by completing the Request for Deletion or Correction of Information Form available on the Discovery website (https://www.discovery.co.za/corporate/privacy/). Where we cannot delete your Personal Information, we will take all steps to make it anonymous.
10. DATA RETENTION
10.1 We will only retain your Personal Information for as long as we are obliged to retain such Personal Information or record, or for as long as reasonably required for lawful purposes related to our functions or activities.
11. CHANGES TO THIS NOTICE
11.1 We reserve the right, in our sole and absolute discretion, to update, modify or amend our Notice from time to time with or without notice or justification. The most updated version will always be available on https://www.discovery.co.za/portal/corporate/privacy-assessments. You agree to review our Notice periodically for any such changes. Save as expressly provided to the contrary in this Notice, the amended version of the privacy Notice shall supersede and replace all previous versions thereof.
12. COMPLAINTS
12.1 If you believe that we have used your Personal Information contrary to this privacy notice, please contact our Information Officer at privacy@discovery.co.za. If you are not satisfied after this process, you have the right to lodge a complaint with the Information Regulator at the contact details below:
The Information Regulator (South Africa)
JD House
27 Stiemens street
Braamfontein
Johannesburg
2001
P.O Box 31533
Braamfontein, Johannesburg, 2017
PAIAComplaints@inforegulator.org.za
POPIAComplaints@inforegulator.org.za
https://inforegulator.org.za/