Data Privacy & Information Protection Policy
Protecting your data
Mincap recognises right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of personal information aligned with the Protection of Personal Information Act (POPI Act).
Mincap is committed to respecting your privacy and protecting information that identifies or is associated with you (“personal information”). Mincap will take the protection of your data very seriously and will do our best to ensure that it is not damaged, compromised, or lost in any way.
Privacy and indemnity
1. Mincap is committed to ensuring the privacy and integrity of your information.
2. We take your privacy and the protection of your personal information very seriously, and we will only use your personal information in accordance with this Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your personal information yourself (for example, by ensuring that all passwords and access codes are kept secure). We have implemented reasonable technical and operational measures to keep your personal information secure.
3. Mincap does not control the confidentiality, access to or dissemination of information which is retrieved through the use of “cookies” or information retrieved through the collecting and storing of IP addresses of visitors to this website.
4. You hereby indemnify and hold Mincap harmless from any loss, damages or injury that you may incur as a result of any unintentional access or acquisition of your personal information to unauthorised persons or the provision of incorrect or incomplete personal information to Mincap.
Information which we may collect about you
We may collect the following information about you: not an exhaustive list:
5. your name, address, contact details, date of birth, place of birth, identity number, passport
number, bank details, details about your employment, tax number and financial information;
6. records of correspondence or enquiries from you or anyone acting on your behalf;
7. details of transactions you carry out with us;
8. details of contracts and sales you carry out with us;
9. sensitive or special categories of personal information, including biometric information, such as images, fingerprints and voiceprints.
10. Where you provide us with the personal information of third parties you should take steps to inform the third party that you need to disclose their details to us, identifying us. We will process their personal information in accordance with this Statement.
How we collect information
You may provide personal information to us either directly or indirectly (through an intermediary acting on our behalf or your behalf, a representative or an introducer), by completing an application for our products and services or requesting further information about our products and services, whether in writing, through our website, over the telephone or any other means.
11. We may also collect your personal information from your appointed intermediary, any regulator, or other third party that may hold such information.
Use of information collected
We may use, transfer and disclose your personal information for the purposes of:
12. providing you with the services, products or offerings you have requested, and notifying you about important changes to these services, products or offerings;
13. managing your policy or relationship and complying with your instructions or requests;
14. detecting and preventing fraud and money laundering and/or in the interest of security and crime prevention;
15. assessing and dealing with complaints and requests;
16. operational, marketing, auditing, legal and record keeping requirements;
17. verifying your identity or the identification of your beneficial owner;
18. transferring or processing your personal information outside of the Republic of South Africa to such countries that may not offer the same level of data protection as the Republic of South Africa, including for cloud storage purposes and the use of any of our websites;
19. complying with Applicable Laws, including lawful requests for information received from local or foreign law enforcement, government and tax collection agencies;
20. recording and/or monitoring your telephone calls and electronic communications to/with Mincap in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
21. conducting market research and providing you with information about Mincap’s products or services from time to time via email, telephone or other means (for example, events);
22. where you have unsubscribed from certain direct marketing communications, ensuring that we do not sent such direct marketing to you again;
23. disclosing your personal information to third parties for reasons set out in this Statement or where it is not unlawful to do so;
24. monitoring, keeping record of and having access to all forms of correspondence or communications received by or sent from Mincap or any of its employees, agents or contractors, including monitoring, recording and using as evidence all telephone communications between you and Mincap; and
25. Improving or evaluating the effectiveness of Mincap’s business or products, services or offerings.
We may from time to time contact you about services, products and offerings available from Mincap or specific subsidiaries which we believe may be of interest to you, by email, phone, text or other electronic means, unless you have unsubscribed from receiving such communications.
Disclosure of your information
Your personal information may be shared with Mincap’s product providers, subsidiaries, our intermediaries/ representatives and subcontractors, and selected third parties who process the information on our behalf.
We may also disclose your personal information to third parties in the following circumstances:
26. To any other of Mincap’s subsidiaries or other third parties to –
27. assess and monitor any of your applications for Mincap’s products or services;
28. determine which products and services may be of interest to you and/or to send you information about such products and services, unless you object or choose not to receive such communications have a better understanding of your circumstances and needs to provide and improve Mincap’s products and services;
29. to any relevant person and/or entity for purposes of prevention, detection and reporting of fraud and criminal activities, the identification of the proceeds of unlawful activities and the combatting of crime;
30. to any regulator or supervisory authority, including those in foreign jurisdictions, if Mincap in required to do so in terms of Applicable Laws;
31. to a prospective buyer or seller of any of our businesses or assets;
32. to any person if we are under a duty to disclose or share your personal information in order to comply with any Applicable Laws, or to protect the rights, property or safety of Mincap, Clients or other third parties; and/or
33. To your /intermediary or any other person acting on your behalf, an or an introducer.
We may transfer your information to another of Mincap’s entities, an agent/intermediary, sub-contractor or third party who carries on business in another country, including one which may not have data privacy laws similar to those of the Republic. If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it.
If you do not wish us to disclose this information to third parties, please contact our Information Officer. We may, however, not be able to provide products or services to you if such disclosure is necessary.
Retention of your information
We may retain your personal information, unless you object, in which case we will only retain it if we are permitted or required to do so in terms of Applicable Laws. However, as a general rule, we will retain your information in accordance with retention periods set out in Applicable Laws, unless we need to retain it for longer for a lawful purpose. (For example, for the purposes of complaints handling, legal processes and proceedings.)
Access to, correction and deletion of your personal information
34. You may request details of personal information which we hold about you under the Promotion of Access to Information Act, 2000 (“PAIA”). Fees to obtain a copy or a description of personal information held about you are prescribed in terms of PAIA. Confirmation of whether or not we hold personal information about you may be requested free of charge. If you would like to obtain a copy of your personal information held by Mincap, please contact us on email@example.com
35. You may request the correction of personal information Mincap holds about you. Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, Mincap may limit the products and services offered to you or elect not to open the account.
36. You have a right in certain circumstances to request the destruction or deletion of and, where applicable, to obtain restriction on the processing of personal information held about you. If you wish to exercise this right, please contact us using the contact details set out above.
37. You have a right to object on reasonable grounds to the processing of your personal information where the processing is carried out in order to protect our legitimate interests or your legitimate interests, unless the law provides for such processing.
Should you believe that Mincap has utilised your personal information contrary to Applicable Laws, you undertake to first attempt to resolve any concerns with Mincap by contacting our Information Officer listed below:
- Mincap Information Officer:
Mr. Madoda Papiyana
Tel: 011 883 0888
Fax: 086 551 8085
Email: firstname.lastname@example.org or email@example.com
If you are not satisfied with such process, you may have the right to lodge a complaint with the Information Regulator, using the contact details listed below:
- Information Regulator:
Tel: 012 406 4818
Fax: 086 500 3351