Mercer Privacy Notice 

THIS PRIVACY NOTICE IS FOR ALL VISITORS FROM SOUTH AFRICA. IF YOU ARE LOCATED INSIDE THE EUROPEAN ECONOMIC AREA, PLEASE CLICK HERE. IF YOU ARE LOCATED OUTSIDE THE EEA, CLICK HERE.

 

“Mercer” shall mean Mercer South Africa (Pty) Ltd

Accessing and Correcting Your Information

Keeping your information accurate and up-to-date is very important.  Inaccurate or incomplete information could impact our ability to deliver relevant services to you.  Please let us know about any changes that may be required to your personal information using the “contact us” feature of this website.

External Links:

This Site includes links to other sites that are operated by organisations other than the Company.  If you access another organisation’s website using a link provided, the other organisation may collect information from you.  The Company is not responsible for the content or privacy practices of linked websites or their use.  Once you have left this Site via such a link (you can tell where you are by checking the URL in the location bar on your browser), you should refer to those websites’ privacy policies, terms of use, and practices to determine how they will handle any information they collect from you.

Applicability of This Privacy Statement to International Users:

This Privacy Statement is provided in accordance with and subject to U.S. law.  If you access this Site from a location outside of the United States, you agree that you use of this Site is subject to the terms of this Privacy Statement and the Terms of Use and you recognise and accept that your personal information may be transferred to and processed in the U.S. and other countries that may not be deemed to provide the same level of data protection as your home country and that may have been deemed to have inadequate data privacy laws under the laws of your jurisdiction.  See also the Privacy Statement or Policy available on other Mercer sites, such as country specific sites like mercer.xx or special purposes sites such as imercer.com, for information about privacy treatments for users of these sites.

Children:

This Site is not intended for children, and we do not knowingly collect, use or disclose information of children under the age of thirteen (13) without the consent of their parents or legal guardians.  In an instance where such information was collected, it would be purely accidental and unintentional.

Rights of Individuals in Certain US States:

Click here for our privacy notice regarding additional rights you may have in certain US states.

For Company Career Candidates

Please read our Candidate Privacy Statement posted on our careers websites, available at https://careers.marshmclennan.com/

Changes to Privacy Statement

The Privacy Statement is subject to change at any time.  It was last changed on December 7, 2022.  If we make changes to this Privacy Statement, we will updated the date it was last changed.  Any changes we make to this Privacy Statement become effective immediately when we post the revised Privacy Statement on this Site.  We recommend that you review this Privacy Statement regularly for changes.

Questions or Concerns?

If you have any questions, concerns, or complaints about this Privacy Statement, or our privacy practices in general, they should be directed to the Company at privacycoordinator@mercer.com or by contacting the Company at:

Mercer LLC
1166 Avenue of Americas
New York, New York 10036
USA

Introduction

Personal Information and Special Personal Information That We Process

We process the following Personal Information and Special Personal Information from individuals and/or juristic persons:

1.   Information voluntarily provided by you

In the course of using this Site, you may choose to provide us with information to help us serve your needs. For example, you may provide us your e-mail address to request information, or you may send us your mailing address so we may send you the material you have requested. You may also choose to apply for a job at the Company and submit a job application via our career site https://careers.mmc.com/. Any personal information you send us will be used only for the purpose indicated on the careers site or in this notice.

2.   Our Correspondence

If you contact us, we will typically keep a record of that correspondence.

3.   Survey Information

We ask you to complete surveys that we use for research purposes, we shall collect the information provided in the completed survey.

4.   Website and Communication Usage

Details of your visits to the website and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources you access

5.   Marketing Data

Whether or not the individual has consented to receive marketing from us and/or from third parties and/or their marketing preferences

6.   Individual / Juristic Person details

Name, address (and proof of address), other contact details (e.g. email and telephone details), gender, sex, family details, date and place of birth, employer, job title and employment history

7.   Health data

Current or former physical or mental medical information, health status, injury or disability information, medical procedures performed, relevant personal habits (e.g. smoking or consumption of alcohol), prescription information, medical history.

Where we collect such information directly from individuals and/or juristic persons, we will inform them of whether the information is required and the consequences of not providing it on the relevant form.

Sources of Personal Information and Special Personal Information

We collect and receive Personal Information and Special Personal Information from various sources, including (depending on the service we are seeking to or are providing and country you are in) but not limited to:

  • Individuals and/or juristic persons and their family members, online, face to face, or by telephone, or in written correspondence;
  • Individuals’ and/or juristic persons’ employers or trade or professional associations of which they are a member;
  • In the event of a claim, third parties including the other party to the claim (claimant/defendant), witnesses, experts (including medical experts), loss adjusters, lawyers and claims handlers;
  • Credit reference agencies
  • Anti-fraud databases and other third party databases, including sanctions lists;
  • Government agencies, such as vehicle registration authorities and tax authorities;
  • Open electoral registers and other publicly available information;
  • Business information and research tools;
  • Selected third parties who provide us with details of potential customers
  • Third parties who introduce business to us; and
  • Forms on our website and your interactions with our website (please also see our Cookie Policy).

How We Use and Disclose Your Personal Information and Special Personal Information

In this section, we set out the purposes for which we use Personal Information and Special Personal Information, and explain how we share the information.

Please note that in addition to the disclosures we have identified below, in some circumstances we will also disclose personal information to service providers, contractors, agents and affiliates of the Company that perform activities described in this notice on our behalf.

1.   To communicate effectively with you and conduct our business

To conduct our business, including to respond to your queries, to otherwise communicate with you, or to carry out our obligations arising from any agreements entered into between you and us, which in some circumstances may include passing your data to third parties such as agents or contractors or to our advisors (e.g. legal, financial, business or other advisors).

Use justification: contract performance and legitimate interests (to enable us to perform our obligations and provide our services to you

2.   Consultancy activities

General client care, including communications with clients, analysis as part of the specific consultancy advice, benchmarking, complying with our legal or regulatory obligations in the context of our consultancy business.

Use justification
: contract performance and legitimate interests (to enable us to perform our obligations and provide our services to you

3.   To provide you with marketing material

To provide you with updates and offers, where you have chosen to receive these. We may also use your information for marketing our own products and services to you by post, email, SMS, phone and fax and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communications sent to you or you may opt out by contacting us as set out below. To communicate with you regarding any queries you raise via the website. To monitor your interaction with the website to ensure service quality, compliance with procedures and to combat fraud. To ensure the website content is relevant and presented in the most effective manner for you and your device.

Use justification: consent and legitimate interest (to keep you updated with news in relation to our products and services)

4.   To monitor certain activities

To monitor queries and transactions to ensure service quality, compliance with procedures and to combat fraud.

Use justification: legal obligations, legal claims and legitimate interests (to ensure the quality and legality of our services)

5.   To inform you of changes

To notify you about changes to our services and products.

Use justification
: legitimate interests (to notify you about changes to our services)

6.   To reorganize or make changes to our business

If we: (i) are subject to negotiations for the sale of our business or part thereof to a third party; (ii) are sold to a third party; or (iii) undergo a re-organization, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process for the purpose of analyzing any proposed sale or re-organization. We may also need to transfer your personal information to that re-organized entity or third party after the sale or reorganization for them to use for the same purposes as set out in this notice.

Use justification: legitimate interests (in order to allow us to change our business)

7.   In connection with legal or regulatory obligations

We process your personal information to comply with our regulatory requirements or as part of dialogue with our regulators as applicable which may include disclosing your personal information to third parties, the court service, regulators and/or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world or where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.

Use justification: legal obligations, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities)

8.   For Fraud, Anti-Money Laundering and Sanctions Screenings

When establishing or maintaining client relationships for the provision of certain services we process your personal information for the purposes of carrying out fraud, anti-money laundering or sanctions violations checks.

Use justification: legal obligations

Sharing of Personal Information, Including Special Personal Information

In order for us to provide our services to you, we may disclose your Personal Information and/or Special Personal Information to insurers. We will disclose this information if we are required to do so by legislation or any legal process, to protect and defend our rights and property, including intellectual property and when you have given us permission to do so.

Marketing

We may use your Personal Information to provide you with information about products or services which we think would be of interest to you. We may also share your Personal Information with other companies in the MMC group so that they can provide you with information about their products and services. These may be sent by email or post or, in some circumstances, we may telephone you to explain this information to you.

We take care to ensure that our marketing activities comply with all applicable legal requirements. In some cases, this may mean that we ask for your consent in advance of sending you marketing materials.

In all cases, you can opt out of receiving marketing communications, at any time. You can do this by contacting us using the details set out at the end of this Privacy Notice.

Please note that, even if you opt out of receiving marketing messages, we may still send you communications in connection with the services we provide to you.

Safeguards and security over the internet

We have in place physical, electronic, and procedural safeguards appropriate to the sensitivity of the information we maintain. These safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information and Special Personal Information, and include measures designed to keep Personal Information and Special Information protected from unauthorized access. If appropriate, the safeguards include the encryption of communications, encryption of information during storage, firewalls, access controls, separation of duties, and similar security protocols. We restrict access to Personal Information and Special Personal Information to personnel and third parties that require access to such information for legitimate, relevant business purposes.

No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information in accordance with data protection legislative requirements.

All information you provide to us is stored on our or our secure servers and accessed and used subject to our security policies and standards. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.

Limiting Collection and Retention of Personal Information and Special Personal Information

We collect, use, disclose and otherwise process Personal Information and Special Personal Information that is necessary for the purposes identified in this Privacy Notice or as permitted by law. If we require Personal Information or Special Personal Information for a purpose inconsistent with the purposes we identified in this Privacy Notice, we will notify clients of the new purpose and, where required, seek individuals’ and juristic entities’ consent to process Personal Information and Special Personal Information for the new purposes.

Our retention periods for Personal Information and Special Personal Information are based on business needs and legal requirements. We retain Personal Information and Special Personal Information for as long as is necessary for the processing purpose(s) for which the information was collected, and any other permissible, related purpose. When Personal Information or Special Personal Information is no longer needed, we either de-identify or aggregate the data (in which case we may further retain and use the de-identified or aggregated information for analytics purposes) or securely destroy the data.

Cross-Border Transfer of Personal Information

Mercer transfers Personal Information and Special Personal Information to, or permits access to Personal Information and Special Personal Information from, countries outside the Republic of South Africa. These countries' data protection laws do not always offer the same level of protection for Personal Information and Special Personal Information as offered in the Republic of South Africa. We will, in all circumstances, safeguard Personal Information and Special Personal Information as set out in this Privacy Notice.

If we transfer Personal Information and Special Personal Information to other countries outside the Republic of South Africa, we will establish legal grounds justifying such transfer, such as Binding Corporate Rules model contractual clauses, individuals’ consent, or other legal grounds permitted by applicable legal requirements.

Individuals and/or juristic persons can request additional information about the specific safeguards applied to the export of their Personal Information and Special Personal Information

Accuracy, Accountability, Openness and Your Rights

We strive to maintain Personal Information and Special Personal Information that is accurate, complete and current. Individuals and/or juristic persons should contact us at InformationOfficerSA@mercer.com to update their information.

Questions regarding Mercers privacy practices should be directed to the Information Officer using the contact details in the Questions, Requests or Complaints section below.

Under certain conditions, individuals and/or juristic persons have the right to request that Mercer:

  • provide further details on how we use and process their Personal Information and Special Personal Information;
  • provide a copy of the Personal Information and Special Personal Information  we maintain about the individual and/or juristic person;
  • update any inaccuracies in the Personal Information and Special Personal Information we hold;
  • delete Personal and Special Personal Information  that we no longer have a legal ground to process; and
  • Restrict how we process the Personal Information and Special Personal Information while we consider the individual and/or juristic person’s enquiry.

In addition, under certain conditions, individuals and/or juristic entities have the right to:

  • where processing is based on consent, withdraw the consent;
  • object to any processing of Personal Information and Special Personal Information that Mercer justifies on the “legitimate interests” legal grounds, unless our reasons for undertaking that processing outweigh any prejudice to the individual and/or juristic person’s privacy rights; and
  • Object to direct marketing (including any profiling for such purposes) at any time.

These rights are subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege).

Questions, Requests or Complaints

To submit questions or requests regarding this Privacy Notice or Mercer’s privacy practices, please write to the Information Officer at the following address or submit your questions or requests by accessing the One Trust Portal link below:

The Information Officer

Mercer South Africa Pty Ltd.

Corner 5th Street and Fredman Drive Entrance 1, Marsh Building 1 Alice Lane Sandton 2196

Email: InformationOfficerSA@mercer.com

One Trust Portal: Privacy Web Form

If we are unable to resolve an enquiry or a complaint, individuals have the right to contact the Information Regulator of South Africa.

The Information Regulator of South Africa can be contacted by email at inforeg@justice.gov.za / complaints@justice.gov.za

Links to Third Party Websites

Our websites may contain links to other third party websites. If you follow a link to any of those third party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any personal information to such third party websites.

Changes to This Privacy Notice

This Privacy Notice is subject to change at any time. It was last changed on January 18th 2022. If we make changes to this Privacy Notice, we will update the date on which it was last changed. Where we have an engagement with you, we will notify you of any changes we make to this Privacy Notice in accordance with the notice provisions in the terms of our engagement. In other circumstances, we will publish the revised Privacy Notice on our website.

Access to Information Manual

You may download the Information here.