CONSENT TO PROCESS PERSONAL INFORMATION in terms of the Protection of Personal Information Act 4 of 2013 (POPIA)
Introduction
As you have a right to be protected from the unlawful processing of your personal information, we are committed to protecting your privacy and the integrity of your personal information. We, therefore, need to inform you about the personal information we acquire about you, and how we lawfully process, retain, disclose and delete your personal information.
What is personal information?
In terms of POPI, personal information is any data which identifies a natural or juristic person. This includes, but is not limited to:
- 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;
- Information relating to the educational or the medical, financial, criminal or employment history of the person;
- Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
- The biometric information of the person;
- The personal opinions, views or preferences of the person;
- 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;
- The views or opinions of another individual about the person; and
- 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.
Purpose of collecting your personal information:
As financial planners, your personal information is collected by us to render financial services to you. The core services which we offer can be divided into the following categories:
- Pre-retirement planning;
- Post retirement planning;
- Investment planning;
- Estate planning;
- Business assurance planning; and
- Personal long term risk planning.
This may also include the processing of information:
- To confirm and verify your identity as prescribed by the Financial Intelligence Centre Act 38 of 2001 (FIC);
- As a measure for the detection and prevention of fraud, crime, money laundering, or other malpractice;
- For audit and record keeping purposes;
- To comply with legal and regulatory requirements or industry codes which apply to us;
- For the accounting purposes of Ultima.
- In order to draft your will and administer your deceased estate;
- For couriers and delivery services relating to documents, parcels, gifts, gift vouchers, cards, client events and seminars;
- For general communication purposes, such as newsletters, investment statements and policy information;
- As it relates to outsourcing to third parties, such as tax services, estate administration or due diligence investigation in terms of the aforesaid FIC Act.
Primarily, information will be collected directly from you. We might also collect information from other sources. Currently we make use of Astute Financial Services Exchange, ThisisMe, and ease-e Fica (Pty) Ltd.
Marriages/ Partners
Any personal data about your spouse or partner must be collected directly from them, alternatively they must consent thereto that their personal information may also be collected from their spouse or partner.
Transfer of your personal information to third party providers
Under certain circumstances Ultima may transfer or disclose personal information that we process to third party contractors, subcontractors and/or their subsidiaries and affiliates, long term insurers, product suppliers, Courts of Law, Government Departments, or the Information Regulator.
The servers that drive and facilitate our IT infrastructure are located in secure data centres around the world and personal information may be stored on any of the servers.
We may also disclose your personal information, where we have a duty or a right to disclose in terms of the law or if we believe it is necessary to protect our rights, inside or outside South Africa.
Customer due diligence consent relating to FICA
As Ultima is an accountable institution in terms of the Financial Intelligence Centre Act 38 of 2001 we are required by law to conduct Customer Due Diligence (CDD) which may include Enhanced Due Diligence (EDD).
The purpose of this processing is in order to assess what the risk is that you may be engaged in money laundering and/or terror financing activities as a result of prominence, place of residence, registration of business, financial sanctions, prohibition of business dealings, ownership and control of juristic entities or financial transactions or a combination thereof.
Under certain circumstances access it may also be necessary to acquaint ourselves with information available about you in the public domain such as references made about you or by you in the press, media, social media, Interpol and other law enforcement agencies, credit bureaux and financial institutions.
I consent to and authorize Ultima and any agency lawfully appointed by Ultima, including eas-e Fica (Pty) Ltd, to act on their behalf to obtain and process the information described above to conduct the Due Diligence as set out above and as part of our duty in law.
Cross border transfer of your information
Where applicable, such as an offshore investment, Ultima may transfer personal information internationally. We shall ensure that the recipient country upholds comparable privacy policies to South Africa.
Further processing
Should the processing of your personal information not be compatible with the originally envisaged purpose, Ultima will act in accordance with section 15 of POPIA.
Children
Any information which we process which relates to children under 18 years of age is subject to the consent of one of their parents or their legal guardian.
Protecting your personal information
In terms of legislation, we are obliged and have implemented technical and organizational measures and strategies to ensure protection of your personal information. To deter and prevent unauthorized access or use of your personal data, our security policies and procedures include physical security, computer and network security, as well as logging of access to and usage of your personal information. This is reviewed on an ongoing basis.
We also have measures in place in respect of our employees and third parties to ensure that your personal information is secure.
Access to your personal information
You have a right to establish what personal information we hold about you as well as the identity of any third parties who have had access thereto, and to request a record thereof.
Correction to your personal information
We are obliged to store information which is accurate and up to date. You may request the correction, amendment or deletion of your personal information. (Use form 2.) We shall take reasonable steps to confirm your identity before making changes to your personal information.
Consequences of failure to provide personal information
This could mean that we may only be able to render a portion of the required services or none at all.
Right to lodge a complaint
You have the right to submit a complaint which you may have regarding the processing of your personal information to the Information Regulator, whose contact details are:
JD House, 27 Stiemens Street, BRAAMFONTEIN, Johannesburg 2001;
P O Box 31533, BRAAMFONTEIN, Johannesburg 2017; [email protected].
Right to object
You have the right to object to the processing of your personal information.
Termination
Should you at any time wish to revoke your consent, please contact our Information Officer, Eugène Antak.
Email: [email protected]
Physical address: c/o Ultima Financial Planners, 73 Kariba Street, LYNNWOOD GLEN, 0081 Pretoria.
Postal address: c/o Ultima Financial Planners, P O Box 191 MENLYN, 0063, Pretoria.
Telephone number 012 348 1386.