Privacy Notice for Job Applicants

Introduction

KFC (Pty) Ltd or its relevant associated company, including its Franchisees and Affiliates, service providers, contractors or approved third parties ("Company", "we", "us" and "our"), to which you are submitting a job application, will be the Responsible Party (data controller) of your personal information as defined in POPIA.

The Company will hold and process data on all applicants, interview candidates ("applicants" or "you" or "your") and third parties whose information you provide to us in connection with your job application (e.g. referees).

We take your data protection rights and our legal obligations seriously. Your personal information will be treated in a secure and confidential manner and only as set out below or otherwise notified to you in writing and in accordance with this Privacy Notice.

The following Privacy Notice describes the categories of personal information we may process, how your personal information is processed, for what purposes we process your data and how your privacy is safeguarded in the course of our relationship with you. It is intended to comply with our obligations to provide you with information about the Company's processing of your personal information under relevant privacy laws.

If you have any questions about this Privacy Notice please submit a request via our website: www.kfc.co.za or email us at KFCCompliance@yum.com

Processing of Personal Information

The Company collects and processes your personal information for the purposes described in this Privacy Notice. Personal Information means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to (a) information relating to the race, gender, sex, pregnancy, 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; (b) information relating to the education or the medical, financial, criminal or employment history of the person; (c) any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person; (d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person; (f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the person; and (h) 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. Reference to “personal information” in this Privacy Notice shall also be deemed to include reference to “special categories of personal information” (as defined under POPIA) and shall include juristic persons.

Special Categories of Personal Information

• To the extent permitted by applicable laws the Company may, during the job application process, collect and process a limited amount of personal information within the above data listed falling into special categories, sometimes called "special personal information".
• racial or ethnic origin;
• political opinions;
• religious or philosophical beliefs;
• physical or mental health (including details of accommodations or adjustments);
• trade union membership;
• sex life or sexual orientation;
• biometric and genetic data; and
• criminal records and information regarding criminal offences or proceedings.

Where other data protection laws apply, “special personal information” shall have the meaning (if any) defined in such laws (as amended from time to time).

What Information We Collect

When you apply for a job, we may collect the following personal information:

• Where permitted by applicable laws and regulations (and with your consent, where this is required by law) we collect various types of personal information about you for the purposes described in this Privacy Notice including:
• Personal details: your name, gender, nationality, civil/marital status, date of birth, age, personal contact details (e.g. address, telephone or mobile number, e mail), national ID number, immigration and eligibility to work information, driving licence, passport, languages spoken, details of any disability and any reasonable adjustments required as a result;
• Recruitment and selection data: skills and experience, qualifications, references, CV and application, interview and assessment data (including results of psychometric tests, if appropriate), information related to the outcome of your application, interview notes and records, details of any offer made to you;
• Financial information: your bank details, tax information, social security information, student loan information (if applicable) and previous employment details (where relevant);
• Vetting and verification data: vetting and verification information (e.g. results of right to work verification, credit reference check, global watch list check and a basic disclosure criminal record check relating to unspent convictions, where carried out and permitted by applicable law);
• Role information: including job title, start date and salary;
• Equality and diversity data: where permitted by law and provided voluntarily, data regarding gender, age, race, nationality, religious belief and sexuality (stored anonymously for equal opportunities monitoring purposes); and
• Any other personal information which you choose to disclose to us during the course of your application and onboarding, whether verbally or in written form.
• Certain additional information may be collected where this is necessary and permitted by local applicable laws.

How Do We Collect Your Information

We use your personal information for the following purposes:

• The Company collects and records your personal information from a variety of sources, but mainly directly from you. You will provide this information directly to the Company, enter it into our systems (for example, the Company's job application portal) or the individuals with whom you interact during the job application process. In addition, further information about you will come from the individuals with whom you interact during the job application process.
• We also obtain some information from third parties: for example, via recruitment agencies and search agencies, references from a previous employer, information from tax authorities, referrals from existing employees, or where we employ a third party to carry out a background check (where permitted by applicable law) or occasionally from clients. 
• Where we ask you to provide personal information to us on a mandatory basis, we will inform you of this at the time of collection and in the event that particular information is required by the contract or statute this will be indicated. Failure to provide any mandatory information will mean that we cannot carry out certain processes. For example, we will be unable to verify your eligibility to work in certain jurisdictions if you do not provide us with your qualifications, nationality or immigration information. In some cases it may mean that we are unable to continue with your application as the Company will not have the personal information we believe to be necessary in determining whether to proceed with your application.
• Apart from personal information relating to you, you may also provide the Company with personal information of third parties, notably your referees, for purposes of administration and management of your application. Before you provide such third party personal information to the Company you must first inform these third parties of any such data which you intend to provide to the Company and of the processing to be carried out by the Company and obtain the requisite consent from these third parties (where required by applicable laws), as detailed in this Privacy Notice.

Purpose for Processing your Personal Information

Your personal information are collected and processed for various business purposes, in accordance with applicable laws and any applicable collective bargaining agreements. We have set out in this Privacy Notice the purposes for which we may use your personal information. Personal information may occasionally be used for purposes not obvious to you where the circumstances warrant such use. We may, where we think it is necessary and required by applicable laws, provide you with additional information to ensure that you understand how your personal information may be used.

The legal basis on which we process your personal information

• Whenever the Company processes your personal information we do so on the basis of a legal basis or justification for that processing. Processing of special categories of data is always justified on the basis of an additional lawful condition. In the majority of cases, the processing of your personal information will be justified on one of the following basis:
• The processing is necessary for compliance with a legal obligation to which the Company is subject (for example, disclosing the information to any relevant tax and social security authorities, avoiding unlawful discrimination, meeting statutory record keeping requirements or health and safety obligations); and/or
• Where there is no legal obligation we will process your data where the processing is necessary in order to take steps at your request prior to entering into an employment contract or contract for services or similar (for example collecting bank details to pay your remuneration or processing information to provide you with the contractual benefits you are entitled to); and/or
• Where the above two grounds do not apply we may process your personal information where the processing is necessary for the legitimate interests pursued by the Company, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal information. The Company considers that it has a legitimate interest in processing data for the purposes set out above. This is necessary to ensure fair and effective recruitment of suitable personnel and the effective reward, administration, support, development and management of applicants. This is important to ensure that the Company continues to meet its business objectives and goals both in the short and long term; maintains its reputation; and continues to attract and retain high calibre applicants.
• We may on occasion process your personal information for the purpose of legitimate interests pursued by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal information (for example to meet the security requirements of our clients).
• In exceptional circumstances where we have no legitimate interest in processing but you ask us to process data for a particular purpose we may carry out the processing on the basis of your consent. Where we rely on this we will make this clear at the time.
• We have set out below the purposes we may use your personal information for and the legal basis we rely on in each case.

• If applicable privacy law(s) does not enable collection, use and disclosure of personal information upon such legal bases, we will obtain your consent to such processing in accordance with those law(s).

The purposes we use personal information for and the legal basis that applies

• We have identified a number of purposes for collecting and processing your personal information. These are set out below. Where we are not required to seek consent for the processing of your personal information, the purposes, together with the legal basis we rely on in each case are as follows:

Purpose for Processing Recruitment and selection

Considering your suitability to work for us in the role you have applied for, comparing you to other candidates and making recruitment decisions

Lawful Basis for Processing

• This processing is necessary for the compliance with legal obligations to which the Company is subject including the requirement to ensure we do not unlawfully discriminate in our recruitment decision.
• Processing beyond legal compliance is necessary for takings steps at your request to enter into a contract with you. Where you have applied to work for us we need to use your personal information to ensure that you are suitable for the role you have applied for and to make an offer of employment to you where appropriate.
• Additional processing is necessary for the purpose of the legitimate interests pursued by the Company. The Company has a legitimate interest in holding information on potential candidates, fully assessing applicants to ensure that only suitable and appropriate candidates are selected, to compare candidates and make a fair decision on the most appropriate candidate for the position.

Pre-employment verification and screening

Appropriate pre-employment screening.

• This processing is necessary for compliance with legal obligations to which the Company is subject including establishment of the right to work in the country in which you are employed.
• Screening which is not legally required is necessary for the purpose of the legitimate interests pursued by the Company. The Company has a legitimate interest in ensuring that candidates for employment or engagement do not pose an unacceptable risk to the business or its customers and considers the verification carried out necessary to prevent crime and other unlawful acts and to protect the business and customers from fraud, dishonesty or incompetence.

Offers of employment and on-boarding

Making job offers, providing contracts of employment or engagement and preparing to commence your employment or engagement where you accept an offer from us.

• This processing is necessary for compliance with legal obligations to which the Company is subject including the requirement to issue written particulars of the terms of employment and the requirement not to unlawfully discriminate in the terms of any offer to you.
• Additional processing is necessary to take steps to enter into the contract between you and the Company and to perform that contract because we will need information to make an appropriate offer to you and administer your employment contract if you join us.
• The remainder of the processing is necessary for the purpose of the legitimate interests pursued by the Company. The Company has a legitimate interest in ensuring the effective engagement of applicants on appropriate terms and conditions of employment and that there is a smooth transition into employment for successful candidates and that information supplied in the recruitment process which is relevant to ongoing employment is maintained.

Future job opportunities

To contact you if you are not successful in your initial application should another potentially suitable vacancy arise

• The legal grounds for processing your data is Consent.

Recruitment feedback and complaints

To deal with any query, challenge or request for feedback received in relation to our recruitment decisions

• This processing is necessary for the compliance with legal obligations to which the Company is subject including ensuring that the Company is able to demonstrate its compliance with data protection laws and anti-discrimination laws.
• Beyond legal compliance processing is necessary for the purpose of the legitimate interests pursued by the Company. The Company has a legitimate interest in being able to provide feedback to candidates and to be able to defend any challenge or claim made in connection with our recruitment decision. This will assist the Company to avoid the risk of financial exposure or costs incurred through challenges to recruitment decisions and to maintain its reputation.

Legal compliance

Complying with laws and regulation applicable to the Company (for example maternity or parental leave legislation, working time, health and safety legislation, taxation rules, worker consultation requirements, other employment laws, and regulation to which the Company is subject in the conduct of its business)

• This processing is necessary for the compliance with legal obligations to which the Company is subject including those laws set out.

Ensuring equality of opportunity

Monitoring programmes to ensure equality of opportunity and diversity with regard to personal characteristics protected under applicable anti-discrimination laws

• This processing is necessary for the compliance with legal obligations to which the Company is subject including anti-discrimination laws.
• Beyond the above processing it is also necessary for the purpose of the legitimate interests pursued by the Company. The Company has a legitimate interest in ensuring that it takes action to prevent discrimination and promote an inclusive and diverse workplace.

Search and Succession Planning

Monitoring the availability of possible candidates for future roles and maintaining contact with appropriate candidates.

• The processing is necessary for the purpose of the legitimate interests pursued by the Company. The Company has a legitimate interest in ensuring that it will be able to fill future vacancies.

Additional legal basis we rely on where we process special category data
The special categories of personal information that are processed by the Company are set out above. Where we process special categories of personal information it will be justified by a condition set out in "the legal basis on which we process your personal information" above and also by one of the following additional conditions:

• The processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or the Company in the field of employment law, social security and social protection law, to the extent permissible under applicable laws;
• The processing is necessary to protect your vital interests or of another person where you are physically or legally incapable of giving consent (for example in exceptional emergency situations, such as a medical emergency);
• The processing is necessary for reasons of substantial public interest;
• The processing is necessary for the establishment, exercise or defence of legal claims; or
• In exceptional circumstances the processing is carried out subject to your explicit consent.

The purposes we use special category personal information for and the additional legal basis that applies

We have identified a number of purposes for collecting and processing your special category personal information. These are set out below. Where required by applicable laws, we will seek your consent to such processing for these purposes. Otherwise the purposes together with (where applicable) the additional legal basis we rely on in each case are as follows:

Processing data relating to criminal convictions and offences
Personal information relating to criminal convictions and offences will only be processed where authorised by applicable laws, (and where required by applicable laws with your consent). For example, a criminal record check may be carried out as part of your recruitment.

Purpose for Processing & Legal Basis for Processing

Physical or mental health data, for making adjustments to the recruitment and selection process, as needed

• This processing is necessary for the purposes of carrying out the obligations and exercising the rights of you or the Company in the field of employment law, social security and social protection law, to the extent permissible under applicable laws. In particular compliance with anti-discrimination legislation.

Biometric data for identification purposes (where permitted), and criminal records and information regarding criminal offences and other proceedings (where permitted), for pre-employment verification and screening.

• we process this personal information on the basis of substantial public interest.

Ensuring equality of opportunity

• this processing is necessary for the public interest of ensuring equality of opportunity or treatment between people of different racial or ethnic origins, holding different religious or philosophical beliefs, people with different states of physical or mental health or people of different sexual orientation with a view to enabling such equality to be promoted or maintained.

Automated Decision Making

• Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We do this only where we have your consent (if required by applicable laws), or where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
• When recruiting for certain roles, we may automatically reject applicants based on their answers to some screening questions. This will happen where there are legal requirements pertaining to the role (e.g. right to work or minimum qualifications or certifications). If this applies, the candidate will be unsuccessful in their job application. All requirements of the role will be clearly articulated in the job description.
• For certain roles, we may use artificial intelligence to scan job applications and CVs to assess their alignment with the requirements of the role, as described in the job description. This will result in applicants being ranked based on the outcome of the scanning. Hiring decisions will then be made by a human being.
• In a limited number of cases, we may also automatically reject applicants if they do not achieve a pass score in an assessment test that they take as part of the application process. If this applies, the applicant will be unsuccessful in their job application.
• In any specific situation described above and subject to local laws, you have 21 days to request a reconsideration of any decision taken by automated means.

Disclosure of Personal Information

• Your personal information (with your consent, where required by applicable law) can be accessed by or may be disclosed internally on a need to know basis within the Company to:
• Members of local, regional and global human resources teams, including managers and team members;
• local, regional and executive management responsible for managing or making decisions in connection with your application to the Company or when involved in a process concerning your application to the Company;
• system administrators; and
• where necessary for the performance of specific tasks or system maintenance by members of Company teams such as the Global Shared Service centre, Finance and IT Departments and the Global HR information systems support team.
• Your personal information is also accessed by third parties who provide us with services. For example:
• Screening and referencing providers;
• Assessment providers (e.g. for psychometric tests and medical assessments); and
• External software / data hosting providers;
• Where the third parties described above act as an "operator" they carry out their tasks on our behalf and upon our instructions for the above-mentioned purposes. In this case your personal information will only be disclosed to these parties to the extent necessary to provide the required services.
• In addition, we may share personal information with national authorities in order to comply with a legal obligation to which we are subject. This is, for example the case in the framework of imminent or pending legal proceedings or a statutory audit.

Cross-Border Transfer of Information

• From time to time your personal information (including special categories of personal information) will be transferred to associated companies of the Company to process for the purposes described in this Privacy Notice. This will be applicable for example where the relevant company or a manager from that company is responsible for conducting or approving the relevant process.
• These associated companies or managers may be located within the USA, European Union and elsewhere in the world.
• Personal information may also be transferred to third parties (e.g. service providers or regulators as set out above), who may have systems or suppliers located outside the country or jurisdiction where you are located.
• As a result, your personal information may be transferred to countries outside of the country or jurisdiction in which you are located or outside of the European Union to countries whose data protection laws may be less stringent than yours.
• The Company will ensure that appropriate or suitable safeguards are in place to protect your personal information and that transfer of your personal information is in compliance with applicable data protection laws.

How We Protect Your Information

We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, use, or disclosure. We ensure that our third-party service providers also comply with these security standards.

Your Rights

Under POPIA, you have the right to:

• Access: Request access to your personal information that we hold.
• Correction: Request correction of any inaccurate or incomplete information.
• Deletion: Request the deletion of your personal information under certain circumstances.
• Objection: Object to the processing of your personal information.
• Complaint: Lodge a complaint with the Information Regulator if you believe your rights have been infringed.

Retention of Information

• The Company endeavours to ensure that personal information are kept as current as possible and that irrelevant or excessive data are deleted or made anonymous as soon as reasonably practicable.
• The Company generally retains personal information for as long as is required to satisfy the purpose for which it was collected. This will usually be the period of your application, plus the time in which you can make an appeal or take other legal action. If successful, your personal information will be retained for the period of your employment/contract with us plus the length of any applicable statutory limitation period following your departure, although some data, such as pension information, may need to be kept for longer. The Company may keep some specific types of data, for example, tax records, for different periods of time, as required by applicable law. However, some personal information may be retained for varying time periods in order to comply with legal and regulatory obligations and for other legitimate business reasons.

Contact Us

If you have any questions or concerns about this privacy notice or how your personal information is handled, please contact our offices via e-mail KFCCompliance@yum.com

Changes to This Privacy Notice

We may update this privacy notice from time to time. Any changes will be posted on our website, and where appropriate, notified to you by email.

This privacy notice was last updated on 6 February 2025.

Please Find Direct Hire's Privacy Policy here Privacy Policy.

Please Find Direct Hire's Terms of Use here Terms of Use.