Mercer strives to protect the privacy and the confidentiality of Personal Information and Special Personal Information that the company processes in connection with the services it provides to clients and individuals’ use of the Mercer websites.
This Privacy Notice is intended to inform you of the ways in which we collect personal information, the uses to which that information will be put, and the ways in which we will protect any personal information you choose to provide us directly or via this Site, or via your employer or your benefit programme sponsor as required by the Protection of Personal Information Act 4 of 2013 (“POPIA”).
There may be additional personal (and other) information that we have or collect about you or your company pursuant to other relationships which is subject to other notices, agreements and rules. You can find out information about how we use personal data as a data controller for our career workforce products here.
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 careers site http://www.mmc.com/join-us/overview.html. 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:
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.
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:
In addition, under certain conditions, individuals and/or juristic entities have the right to:
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
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.
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.