Privacy Policy & POPIA Compliance Notice

1. Introduction & Purpose of this Notice

This Privacy Notice explains how Kgamphomane (Pty) Ltd (“Kgamphomane”, “we”, “us”, or “our”) collects, uses, stores, discloses, and safeguards personal information in accordance with the Protection of Personal Information Act, No. 4 of 2013 (“POPIA”).

As a labour relations consultancy, we regularly process sensitive workplace documentation, including disciplinary hearing records, employment contracts, medical incapacity reports, CCMA filings, and collective bargaining records. We uphold strict confidentiality and stringent data protection protocols across all advisory engagements.

2. Responsible Party & Information Officer Details

Kgamphomane (Pty) Ltd acts as the Responsible Party (and in designated client proceedings, an Operator) for personal information processed in connection with our services.

3. Categories of Personal Information We Process

Depending on the nature of our engagement, we may collect and process the following classes of information:

• Client & Representative Details: Full names, corporate designation, business email address, direct telephone numbers, and physical workplace address.
• Employee & Workplace Records: Identity numbers, job titles, remuneration information, contracts of employment, performance evaluations, and warning notices.
• Dispute & Disciplinary Information: Notices to attend disciplinary inquiries, hearing transcripts, witness testimonies, arbitrator rulings, and settlement agreements.
• Special Personal Information (POPIA Section 26): Medical certificates and occupational reports (processed strictly for incapacity / ill-health evaluations), and trade union membership records (processed for collective negotiation and strike management).
• Website Inquiry Data: Details voluntarily submitted via our consultation request forms, email inquiries, or WhatsApp messages.

4. Legal Grounds for Lawful Processing

Under Section 11 of POPIA, all personal information is processed on one or more of the following lawful bases:

• Contractual Performance: Processing required to carry out the scope of services agreed upon in our consulting retainers or service mandates.
• Statutory Compliance: Fulfilling obligations imposed by the Labour Relations Act 66 of 1995, Basic Conditions of Employment Act 75 of 1997, and the Employment Equity Act 55 of 1998.
• Legitimate Interests: Protecting the legitimate interests of employers and employees in ensuring procedural and substantive workplace fairness.
• Informed Consent: Where specifically obtained from the data subject for defined operational reasons.

5. How We Use Personal Information

We process personal information strictly for legitimate workplace relations and business administration purposes, including:

• Facilitating independent and impartial disciplinary inquiries.
• Formulating bespoke contracts of employment, employee handbooks, and internal codes of conduct.
• Facilitating Section 189 and 189A operational retrenchment consultations and notifications.
• Preparing documentation for CCMA conciliations, arbitrations, and bargaining council hearings.
• Conducting legislative compliance audits and risk reviews for employers.
• Organizing management workshops, training seminars, and corporate briefings.

6. Information Security & Technical Safeguards

Pursuant to Section 19 of POPIA, we take appropriate, reasonable technical and organizational measures to prevent loss of, damage to, or unauthorized destruction of personal information, as well as unlawful access or processing.

Our security safeguards include encrypted digital storage, role-based access restrictions, strict non-disclosure obligations for all personnel, and confidential transmission channels for case evidence.

7. Retention and Destruction of Records

Personal information is retained only as long as necessary to achieve the purpose for which it was collected, or as required by applicable South African statutory periods (such as the LRA, BCEA, and Tax Administration Act). Upon expiration of mandatory retention periods, records are permanently de-identified or securely shredded.

8. Your Rights as a Data Subject

Under POPIA, data subjects have clear rights concerning their personal information, including:

• Right to Access: Request confirmation of whether we hold personal information about you and obtain a copy thereof.
• Right to Rectification: Request the correction, updating, or destruction of inaccurate, irrelevant, excessive, or unlawfully obtained records.
• Right to Object: Object on reasonable grounds to the processing of your personal information.
• Right to Lodge a Complaint: Submit a grievance to the Information Regulator of South Africa.