1.      PURPOSE

1.1.   The purpose of this policy is to set out Wits Health Consortium (Pty) Ltd (“WHC”) plan of action for the processing of personal information.

1.2.   This policy describes the principles governing our processing of personal data and records our compliance strategy regarding personal data.

2.      SCOPE

2.1.   References to WHC will include each of WHC’s divisions and be applicable to personal information processed by WHC and its divisions as provided for herein.

2.2.   This policy applies to all personal data processed during our business and to all persons employed or engaged by us who process personal data, including all employees past and present, prospective employees and job applicants, temporary employees, directors, consultants, contractors and trainees.

2.3.   This policy must be read in conjunction with any of our other compliance policies and adds specific elements regarding our data protection compliance strategy.

3.      DEFINITIONS

3.1.   “Data subject” means the person to whom personal information relates.

3.2.   “Direct marketing” means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of:

3.2.1.promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject; or

3.2.2.requesting the data subject to make a donation of any kind for any reason.

3.3.   “Personal information or data” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:

3.3.1.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;

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

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

3.3.4.the biometric information of the person;

3.3.5.the personal opinions, views or preferences of the person;

3.3.6.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;

3.3.7.the views or opinions of another individual about the person; and

3.3.8.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;

3.4.   “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including:

3.4.1.the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

3.4.2.dissemination by means of transmission, distribution or making available in any other form; or

3.4.3.merging, linking, as well as restriction, degradation, erasure or destruction of information;

3.5.   “Record” means any recorded information

3.5.1.regardless of form or medium, including any of the following:

3.5.1.1.            Writing on any material;

3.5.1.2.            information produced, recorded or stored by means of any tape-recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored;

3.5.1.3.            label, marking or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means;

3.5.1.4.            book, map, plan, graph or drawing;

3.5.1.5.            photograph, film, negative, tape or other device in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced;

3.5.2.in the possession or under the control of a responsible party;

3.5.3.whether or not it was created by a responsible party; and

3.5.4.regardless of when it came into existence

4.      DATA PROTECTION LAWS

4.1.   We are committed to protecting and respecting the privacy of our data subjects in accordance with:

4.1.1.The Protection of Personal Information Act, 4 of 2013 (POPIA), its amendments and Regulations.

4.2.   The data protection laws that may be applicable to our Funders, Sponsors and relevant third parties whom we may contract with, for example:

4.2.1.1.            General Data Protection Regulation 2016/679 (European Union);

4.2.1.2.            Health Insurance Portability and Accountability Act of 1996 (United States);

4.2.1.3.            The Data Protection Act 2018 (United Kingdom).

4.3.   Where we are also required to comply with any other foreign or local data protection laws, we will ensure that due compliance is exercised.

5.      DATA PROTECTION REQUIREMENTS

5.1.   In applying the relevant data protection laws, we will ensure that we:

5.1.1.enable data subject rights;

5.1.2.adhere to our data protection obligations as controller or processor; and

5.1.3.apply the data protection principles.

5.2.   In terms of data subject rights, we will ensure that our data subjects can:

5.2.1.know when and why we process their personal data;

5.2.2.request access to their personal data that we process;

5.2.3.object to our processing of their personal data in accordance with Form 1 of the POPIA Regulations attached hereto as Annexure A;

5.2.4.rectify any personal data of theirs that is incorrect in accordance with Form 2 of the POPIA Regulations attached hereto as Annexure B;

5.2.5.erase their personal data from our systems, where required in accordance with Form 2 of the POPIA Regulations attached hereto as Annexure B;

5.2.6.restrict our processing of their personal data, where required;

5.2.7.transfer their personal data from us to another controller in a structured and accessible format;

5.2.8.be protected from us making automated decisions about them.

5.3.   In terms of our obligations as controller, we will ensure that we:

5.3.1.implement appropriate and reasonable technical and organisational measures to protect personal data, which is also addressed in our Information Security Management Policy;

5.3.2.control our processors through a written contract, which is also addressed in our Supplier Security Management Policy;

5.3.3.keep records of our processing activities;

5.3.4.co-operate with the relevant data protection authorities;

5.3.5.conduct data protection impact assessments, where required;

5.3.6.consult with the relevant data protection authorities, where required.

5.4.   In terms of our obligations as processor, we will ensure that we:

5.4.1.enter into a contract with the relevant controller;

5.4.2.appoint sub-processors only with the controller’s written authorisation;

5.4.3.process personal data only on the instructions of the controller;

5.4.4.keep records of our processing activities done on behalf of the controller;

5.4.5.inform the relevant data protection authorities of irregularities, where required.

5.5.   In terms of the data protection principles, we will ensure that we process personal data:

5.5.1.lawfully, fairly and transparently;

5.5.2.only for a specific purpose that is explicit and legitimate;

5.5.3.only as necessary for that purpose;

5.5.4.accurately, and is kept up to date;

5.5.5.for no longer than necessary to achieve the purpose; and

5.5.6.securely.

6.      CODES AND STANDARDS

6.1.   We take guidance from the following codes and standards:

6.1.1.King IV (corporate governance)

6.1.2.Good Clinical Practice

6.1.3.ISO 27000 Series

7.      COMPLIANCE STRATEGY

7.1.   This policy sets out our compliance strategy for data protection specifically.

7.2.   Our compliance strategy is to do what is reasonably practicable to comply with those aspects of data protection that apply to our business, under the applicable data protection law.

7.3.   We have identified the following areas as being key priorities in our compliance efforts:

7.3.1.monitoring and applying our data protection activities consistently across our divisions and projects;

7.3.2.adopting compliance management software at a group level;

7.3.3.adopting privacy by design and by default at a group and project level;

7.3.4.managing our data processor relationships efficiently; and

7.3.5.digitising our data processing activities where possible.

8.      GOVERNANCE OF DATA PROTECTION

8.1.   We will appoint an Information Officer.

8.2.   We will appoint and maintain an Information Officer for the Consortium, and if necessary, colleagues from the different departments and divisions will assist the Information Officer with its responsibilities. The Data Protection Officer / Information Officer is responsible for:

8.2.1.promoting compliance with data protection law within the entity;

8.2.2.ensuring awareness of data protection law within the entity;

8.2.3.managing and responding to data subject access requests;

8.2.4.managing and responding to data breaches or incidents;

8.2.5.assisting the relevant data protection authorities with their investigations;

8.2.6.developing, implementing and monitoring the compliance framework within the entity.

8.3.   The Data Protection Officer / Information Officer will report to Alfred Farrell.

9.      POLICY RESPONSIBILITY AND ADMINISTRATION

9.1.   The Information Officer is responsible for overseeing data protection at Wits Health Consortium. They are responsible for ensuring that the policy is effective and relevant. Their contact information is:

Name	Email	Phone
Alfred Farrell	ceo@witshealth.co.za	011 274 9200
Adel Venter	popia@witshealth.co.za	011 274 9200

10.   ACCEPTANCE AND CHANGES

10.1.                  You may not apply for a job or continue to work for us if you do not accept this policy or any changes to it.

10.2.                  We may change this policy and will notify you of the changes on our website, in a letter of appointment, personnel handbook or by email. The changed policy applies to you if you continue to work for us following the notification.

11.   CONSENT

11.1.                  You consent to WHC collecting, using, disclosing and storing your personal information for this policy and any other purposes set out or implied when you provide the relevant personal information unless you inform otherwise. Where your consent is needed to collect, use, disclose, or store your personal information, you may withdraw it at any time, subject to legal or contractual restrictions and reasonable notice.

11.2.                  Your consent is not always required to collect, use, disclose, or store your personal information. In some instances, the law allows for this if there is a legitimate and lawful basis for processing.

12.   COLLECTION

12.1.                  Direct and indirect. Personal information is generally collected directly from you where possible. However, it may sometimes be collected indirectly through third parties. WHC will comply with the relevant laws for indirect collection where necessary. Practically speaking, your permission may not be required before doing so. In those circumstance, information may be collected without your knowledge and consent. However, we will ensure that third parties have the right to provide your personal information when requested.

12.2.                  Automatically. Some of your personal information is collected automatically when you use WHC’s:

12.2.1.   personnel portal – any website where interaction with current or prospective personnel may collect your IP address, browser details, and usage information to correctly display the portal, track your activities on it, or other necessary purposes;

12.2.2.   IT equipment – including computers, printers, and any other hardware necessary to do your work; and

12.2.3.   IT infrastructure – the entire organised system of IT structures, facilities, and components needed for the operation of our organisation, including data, computer networks, intranets and software.

12.3.                  On submission. You may be asked to provide your identifying information when you submit other information to the organisation, such as through paper forms or online user interfaces.

12.4.                  Voluntarily. You may be asked to provide certain optional information voluntarily.

12.5.                  Consent to collection. Your consent to collect your personal information will be obtained as required under applicable law when you provide it.

12.6.                  Purpose for collection. The information you provide may be processed for the purposes that indicated when you agreed to provide it. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. Please note your personal information is not used to profile you.

13.   USE

13.1.                  Processing. WHC may process your personal information to fulfil our obligations to you as your employer or prospective employer, client (where you are a contractor) and third parties, including to:

13.1.1.   start, maintain, and end your personnel relationship with us;

13.1.2.   decide whether you are eligible for another role or position;

13.1.3.   verify your references and qualifications;

13.1.4.   pay your remuneration;

13.1.5.   administer your benefits or incentives;

13.1.6.   process work-related claims, such as workmen’s compensation or insurance claims;

13.1.7.   provide personnel training or wellness initiatives;

13.1.8.   review your performance;

13.1.9.   work out whether you are qualified for a particular job or task;

13.1.10.                    gather evidence for disciplinary actions or dismissal;

13.1.11.                    compile next-of-kin contact information in the case of emergencies

13.1.12.                    personnel communication platforms (e.g., WhatsApp groups);

13.1.13.                    comply with labour law;

13.1.14.                    reporting requirements imposed on us by law;

13.1.15.                    compile a directory of personnel;

13.1.16.                    authenticate personnel and for security purposes;

13.1.17.                    audit either internally or externally;

13.1.18.                    ensure that the entity generally keeps personal information secure; and

13.1.19.                    achieve anything else that is reasonably required.

13.2.                  Messages. Your identifying information may be used to send you administrative and update notices about the personnel portal or our personnel relationship with you.

14.   DISCLOSURE

14.1.                  Sharing. Your personal information may be shared with third parties to fulfil our obligations to you as your employer or prospective employer, the government, and other third parties, including with:

14.1.1.   other companies or divisions within our field;

14.1.2.   our contractors who help administer our personnel relationship with you; or

14.1.3.   third parties as required by applicable law

14.2.                  Analytical purposes. Aggregate statistical information derived from your and other personnel’s personal information for analytical purposes may be disclosed.

14.3.                  Personnel. Your personal information may be disclosed to our personnel so that they can perform their jobs. But will not do so unnecessarily. Personnel will be required to treat your personal information as confidential and to conform to the standards set out in this policy.

14.4.                  Change of ownership. Rights to the personal information we process may be assigned to the new owners if ownership changes for any reason.

15.   STORAGE

15.1.                  Accuracy. The personal information that is collected is as accurate, complete, and up to date as is necessary for the purposes defined in or implied from this policy.

15.2.                  Participation. You may be required to update your personal information with the relevant department or give you a way to review it, such as through the personnel portal or by emailing or phoning the appropriate department. When doing so, the necessary steps will be taken to verify your identity to prevent unauthorised access

15.3.                  Retention. Your personal information will be kept for as long as it is necessary to fulfil our obligations to you unless you have given permission to keep it longer or it is otherwise legally allowed to do so. Information (including documents and emails) generated by you will be retained on our systems. Only authorised personnel can access your retained information, which may contain personal information.

16.   IMPLEMENTATION AND EFFECT

16.1.                  This policy will come into effect on the date of signature of the CEO and shall remain in effect until it is reviewed by the Company.

16.2.                  The Company shall be entitled to amend or change the policy at its sole discretion.