Confidential Information
This refers to any personal information of Wisani Burial Society and NLA Funeral Services or its affiliates, customers and staff members that is not of public record or knowledge acquired either in writing or orally. This includes, without limiting the generality of the foregoing, all related secret knowledge, technical information and specifications, manufacturing techniques, systems, processes, methods of production, designs, electronic artwork, samples, devices, formulae, know-how, information concerning materials, marketing and business information generally, and other related materials of whatever description in which the Company has an interest in being kept confidential; as well as confidential information of any customer or staff member including, but not limited to
information relating to race, gender, pregnancy status, 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;
information relating to the education, medical, financial, criminal or employment history of the person;
any identifying number, symbol, e-mail address, physical address, telephone number or other particulars assigned to the person;
the biometric information of the person, such as fingerprints;
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 of further correspondence that will reveal the contents of the original correspondence;
the view or opinions of another individual about the person; and
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.
Data Subject
The data subject is the person to whom the information relates. This can be a new or existing client, a prospective client, a supplier, a staff member, or any other person whose personal information is being processed.
Confidentiality
The company has in its possession certain confidential information that the company may disclose to the employee, or that the employee may be exposed to during the employee’s employment with the company. This agreement regulates the use and disclosure of confidential information by the employee.
Non-disclosure
The Employee acknowledges that all right, title, and interest in and to the Confidential Information vests in the Company and that the Employee has no claim of any nature in and to the Confidential Information of any Data Subject.
The Employee undertakes to maintain the confidentiality of any Confidential Information to which the Employee may gain or have gained access whether before or after the employment date, and whether intentionally disclosed or inadvertently made available or exposed to the Employee by the Company. The Employee may not divulge or permit to be divulged to any person any aspect of the Confidential Information, save as may be authorised in writing by the Data Subject or as may have been contemplated by the Parties and is necessary for the purpose of performing the Employee’s services in terms of the Employee’s contract of employment.
The Employee will abide by all the rules and procedures of the Company and the POPI Act designed to protect Confidential Information and shall take all such reasonable steps to prevent the Confidential Information falling into the hands of an unauthorised third party.
Any documents and/or material embodying Confidential Information which comes into the possession of the Employee or that may be generated by the Employee in the performance of the Employee’s contract of employment shall (unless the Data Subject provides its written consent to the contrary):
be deemed to form part of Confidential Information and be subject to the provisions of this undertaking;
be deemed to be the property of the Company or Data Subject;
not be copied, reproduced, published, or circulated by the Employee other than for those purposes contemplated by the Parties and only insofar as is necessary for the Employee to perform the services in terms of the Employee’s contract of employment; and
be surrendered to the Company or data subject on demand, and in any event on termination of the Employee’s contract of employment.
Use of information
The employee shall not use or attempt to use any confidential information for any purpose without the consent of the Data Subject. This does not include the use or disclosure of information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on the company. The employee shall not collect more information than needed from the Data Subject. The company holds the right to take disciplinary and/or legal action should the employee not comply with the abovementioned regulations.
Download the policy here:
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