1. INTRODUCTION

This document describes a set of principles governing the handling of your personal information by and between the parties to the South African Rugby Industry Collective Agreement (hereinafter referred to as “SARICA”) and protecting your privacy as a Player.

2. APPLICATION

This policy applies to all Players as defined in the SARICA.

This policy will not apply outside of the employment relationship or SARICA context, for example where the Provinces, SARU and SARPA process your personal information in another capacity, such as a user of their websites, or as a customer or supporter. The relevant user-facing or customer-facing privacy policy will apply in those circumstances, where applicable.

3. ACCEPTANCE AND CHANGES

The acceptance of this policy is a condition of employment for all Contracted Players and a prerequisite for membership to SARPA. The Provinces, SARU and SARPA may change this policy at any time and will notify you of the changes in writing by electronic mail or otherwise. The changed policy applies to you if you continue to work for the Provinces and/or SARU and/or is a member of SARPA in terms of the SARICA, following the notification.

4. OUR APPROACH

The Provinces, SARU and SARPA value our Players and appreciate the importance or treating personal information as confidential.

The Provinces, SARU and SARPA require any directors, officers, managers and employees entrusted with your personal information, as part of their job responsibility, to treat the information as confidential and in accordance with the provisions of this policy.

They will also endeavour to ensure that any third party service providers which they may use to administer their human resources functions, also deals with your personal information in a manner that is consistent with this policy.

5. PERSONAL INFORMATION

Your personal information includes any information about you, such as:

    • Your Curriculum Vitae in any form;
    • Job application forms;
    • References and interview notes;
      Photographs and videos;
    • Offers and acceptances of employment;
    • Your biographical information, including your name, gender, date of birth, details of family members, nationality, weight, height, BMI information, etc.;
    • Race and ethnicity information for the purposes of employment equity and transformation;
    • Marital status;
    • Your identification numbers, including government-issued identification number or passport information;
    • Your performance information, including management metrics, appraisals, feedback, match and training performance data and statistics;
    • Policy acknowledgements or sign-off documents;
    • Confirmations of employments and other disclosures;
    • Trade union membership and political affiliation;
    • Payroll information, including your salary details, bank account information and income tax number;
    • Communications and internet information like your correspondence and details of internet use held on or made through the Provinces’, SARU’s or SARPA’s systems;
    • Information necessary to process any court orders regarding payment of debts (garnishee orders);
    • Your contact information including your telephone number and email address;
    • Your address information including your residential/physical address and postal address;
    • Pension fund/retirement fund and medical aid information;
    • Health, performance and medical records needed to assess, manage and record your performance as a Player;
    • Beneficiary and emergency contact information;
    • Information about allergies or health conditions that may require us to make special accommodations.

6. CONSENT

6.1 You consent to the Provinces, SARU and SARPA collecting, using, disclosing, and storing your personal information for the purposes provided for in this policy and any other purposes set out or implied when you provide the relevant personal information to them, unless you inform them otherwise.
6.2 You also consent to the Provinces, SARU and SARPA sharing your personal information amongst each other and with all regulatory authorities, World Rugby and other SARU Competitions and International Competitions rights holders, as well as their sponsors and suppliers.
6.3 Where your consent is required for the Provinces, SARU and SARPA to collect, use, disclose or store your personal information, you may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice.
6.4 The Provinces, SARU and SARPA are not generally required to get your consent to collect, use, disclose or store your personal information. The law allows or requires them to collect, use, disclose or store your personal information without your knowledge or consent under certain circumstances.

7. COLLECTION OF PERSONAL INFORMATION

7.1 DIRECT AND INDIRECT COLLECTION

7.1.1 The Provinces, SARU and SARPA most often collect personal information about you directly from you and may ask you to provide them with your identifying information. They may also use other sources to assist in obtaining relevant personal information about you, subject to legislative restrictions, for example third parties to help to support recruitment, credit checks, reference and background checks, performance checks, investigations of possible, wrongdoing, etc. The Provinces, SARU and SARPA will do their best to ensure that third parties have the right to give your personal information to them where they use third parties to provide them with your personal information. The Provinces, SARU and SARPA will comply with the relevant laws for indirect collection which means that they may not need to ask your permission when doing so and may collect it without your knowledge and consent in certain circumstances.
7.1.2 The Provinces, SARU and SARPA collect some of your personal information automatically when you use their IT equipment – including computers, printers and any other hardware necessary to render your services as a Player to them, IT infrastructure, facilities and components necessary for the operations of the Provinces, SARU and SARPA, including data, computer networks and software such as Kitman, Sports Analytics, CRM systems, GPS tracking devices and software, Footprint Assessment Data, etc. and any Player or member portal, where they interact with Players which may collect your IP address, browser details, and usage information to display the portal correctly, tract your activities on it or for other necessary purposes.

7.2 PURPOSE OF COLLECTION

7.2.1 The Provinces, SARU and SARPA will endeavour to collect only the minimum amount of personal information required from you.
7.2.2 The Provinces, SARU and SARPA will get your consent to collect your personal information as required in accordance with applicable law when you provide them with it.
7.2.3 The Provinces, SARU and SARPA may process your personal information that you provide to them for the purposes that they indicated when they collected the information from you.

8. USE OF YOUR PERSONAL INFORMATION

8.1 PROCESSING OF PERSONAL INFORMATION

Your personal information may be used by the Provinces, SARU and SARPA for the following purposes:

    • To start, maintain and end your employment relationship or membership with the Provinces, SARU or SARPA and to perform in terms of your Player Contract and SARICA;
    • To contact you and manage their relationship with you, oversee compliance with policies and applicable law, assess performance, for promotions and appraisals and for training purposes;
    • Verify your references and qualifications;
    • To manage your benefits, including administering remuneration, insurance, payroll, pensions and other benefits and tax, including disclosure to third parties such as payroll providers, accountants, auditors, occupational health providers, insurers, pensions administrators, hosting service providers and legal advisors;
    • Process work related claims such as workmen’s compensation or income protection insurance and medical insurance;
    • Gather evidence for disciplinary actions or dismissal or performance management;
    • Compile next-of-kin contact information in the case of emergencies;
    • Comply with policies, including in relation to claims, disciplinary actions or legal requirements and conducting investigations and incident response, including reviewing your communications in these situations in accordance with relevant internal policies and applicable laws;
    • To comply with their legal obligations, they may disclose your personal information in connection with proceedings or investigations anywhere in the world to third parties, such as public authorities, law enforcement agencies, regulators and third-party litigants;
    • Compile a directory of Players;
    • For security purposes, for providing IT support and for Player authentication;
    • To facilitate work-related travel and travel-related support including accommodation;
    • To manage SARICA and for administering collective Player arrangements where these are in place;
    • For statistical analysis and research purposes in the context of rugby, including predictive modelling and people planning;
    • For journalistic, marketing and advertising purposes;
    • Obtain and issue Clearances in terms of World Rugby and SARU regulations;
    • Manage Player performance and health;
    • Comply with laws and achieve anything else that the Provinces, SARU and SARPA may reasonably require.

8.2 MESSAGES

The Provinces, SARU and SARPA may use your personal information/identifying information to send you administrative and update messages about them or their employment relationship or membership with you.

9. DISCLOSURE OF PERSONAL INFORMATION

9.1 Your personal information will be shared with third parties, including contractors who help administer the Provinces’, SARU and SARPA’s relationship with you or third parties as required by law, for purposes of fulfilling their obligations to you, the government and other third parties in the context of SARICA and your employment relationship or membership with them.
9.2 The Provinces, SARU and SARPA may disclose personal information to private or government authorities when they have determined that they are required to do so under applicable laws or to investigate suspected fraud or illegality, to anticipate or defend legal claims or where you have given them permission to do so.
9.3 The Provinces, SARU and SARPA may disclose statistical information that they have derived from your and other Players’ personal information for analytical purposes.
9.4 The Provinces, SARU and SARPA may disclose your personal information amongst them and to their personnel to perform their duties.
9.5 The Provinces, SARU and SARPA may disclose your personal information in relation to matches, match preparations or match debriefings to journalists and the media.
9.6 The Provinces, SARU and SARPA will require anyone that they share your personal information with, to adhere to the provisions of this policy as far as reasonably possible.
9.7 Your personal information may be processed locally or in any other jurisdiction where the Provinces, SARU and SARPA operate and/or compete, depending on the needs of the relevant organisation, to the extent necessary and as permitted by law.

10. STORAGE OF PERSONAL INFORMATION

10.1 Maintaining the security and integrity of your personal information is important to the Provinces, SARU and SARPA and they endeavour to maintain appropriate administrative, technical, personnel and physical measures to safeguard personal information against loss, theft and unauthorised uses or modifications and to comply with applicable information security laws. The Provinces, SARU and SARPA authorise access to personal information only for those employees who require it to perform their duties. You are expected to contribute to the security culture of the Provinces, SARU and SARPA by following appropriate security policies and procedures and reporting suspected incidents promptly.
10.2 The Provinces, SARU and SARPA endeavour to keep your personal information that they collect accurate, complete and up to date and may ask you to update your personal information from time to time.
10.3 The Provinces, SARU and SARPA will only keep your personal information for as long as is necessary to fulfil their obligations to you unless you have given them permission to keep it longer or they are otherwise legally allowed or required to do so.

11. SECURITY OF PERSONAL INFORMATION

11.1 You may be subjected to surveillance and/or your actions may be monitored when you are using the IT equipment and infrastructure or any other devices or equipment supplied by or owned by the Provinces, SARU and SARPA. You should therefore have no expectation of privacy with respect to your use of their equipment or infrastructure.
11.2 The Provinces, SARU and SARPA may monitor your activities on their premises or with their property. For example, premises have surveillance cameras to protect against intruders, theft, or vandalism. The Provinces, SARU and SARPA may turn those records over to the appropriate authorities if they suspect any wrongdoing or use same in disciplinary actions.

12. YOUR RIGHTS AS A DATA SUBJECT

12.1 You have the right to access your personal information within a reasonable time of your request or within the period prescribed by the law.
12.2 You may update your personal information by contacting the Provinces, SARU and/or SARPA’s Information Officer.
12.3 You can ask the Provinces, SARU and/or SARPA to erase personal information in certain circumstances, unless they are required by law to retain the data.
12.4 You can ask the Provinces, SARU and/or SARPA to provide you with a copy of your personal information.