PROTECTION  OF PERSONAL INFORMATION  ACT(“POPIA”)

We understand that your personal information is important to you and that you may be apprehensive about disclosing it. Your privacy is just as important to us and we are committed to safeguarding and processing your information in a lawful manner.

We also want to make sure that you understand how and for what purpose we process your information. If for any reason you think that your information is not processed in a correct manner, or that your information is being used for a purpose other than that for what it was originally intended, you can contact our Information Officers.

You can request access to the information we hold about you at any time and if you think that we have outdated information, please request us to update or correct it.

• Physical Address: 64 Calliope Street, Pentagon Park, Bloemfontein, 9301
• E-mail address: This email address is being protected from spambots. You need JavaScript enabled to view it.
• Contact number: 051-4304331

collectively “Capitaux” (referred to below as Capitaux)  are  committed  to  ensuring  the  security  and protection  of  the  personal  information  processed  by  Capitaux,  and  to  provide  a  compliant  and consistent approach to data protection.

We collect personal information directly from you as our client or from the legal entity where you are a beneficial owner or from your employer in the case of a group policy or pension/provident fund.

Personal information is collected directly by either completion of our broker authorisation letter, completion of an application form, online forms, group excel spreadsheets etc. or during consultations face-to-face or telephonically and via an email.

Definitions 

Personal Information

Personal information is any information that can be used to reveal your identity. Personal information relates  to  an  identifiable,  living,  natural  person,  and  where  applicable,  an  identifiable,  existing  juristic person (such as a company), including, but not limited to information concerning:

• race, gender, sex, pregnancy, marital status, national or ethnic origin, colour, sexual orientation, age, physical or mental health, disability, religion, conscience, belief, culture, language and birth of a person;
• information relating to the education 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;
• 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.

Processing

The  act  of  processing  information  includes  any  activity  or  any  set  of  operations,  whether  or  not  by automatic means, concerning personal information and includes:

• the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
• dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as any restriction, degradation, erasure or destruction of information.

Record

Means any recorded information, regardless of form or medium, including:

• Writing on any material;
• Information produced, recorded or stored by means of any tape-recorder, computer equipment, whether hardware or software or both, or other device, and any material subsequently derived from information so produced, recorded or stored;
• Label, marking or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;
• Book, map, plan, graph or drawing;
• Photograph, film, negative, tape or other device in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced.

Filing System

Means any structured set of personal information, whether centralised, decentralised or dispersed on a functional or geographical basis, which is accessible according to specific criteria.

Consent

Means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information.

Why Does Capitaux Need Your Personal Information?

Some of the reasons for us having to process your Personal Information are:

• Complying with the obligations contained in the contract concluded between yourself and Capitaux. To provide or manage any information, products and/or services requested by you.
• To determine your needs and preferences in terms of the products and/or services we provide.
• To help us identify you when you contact us, thereby making sure that we do not share your Personal Information with someone other than yourself.
• To verify your identity and to conduct credit reference searches For information maintenance and keeping our records updated. For general administration purposes.
• To carry out analysis in order to plan ahead and improve our offering to you. To issue, administer and manage your insurance policies.
• To process insurance claims and to take recovery action.
• To notify you of new products or developments that may be of interest to you. To confirm, verify and update your details.
• To comply with any legal and regulatory requirements.
• In addition, we may be required to share your Personal Information with some of our suppliers, service providers and business partners to ensure seamless service delivery to you. Our service providers, suppliers and business partners have legal agreements with Capitaux, in terms of which, they are legally bound to keep your Personal Information secure and confidential, and to use it exclusively for the purposes which they have been contracted.

Some of your information that we hold may include, your first and last name, email address, a home, postal  or  other  physical  address,  other  contact  information,  your  title,  birth  date,  gender,  occupation, qualifications, past employment, residency status, your investments, assets, liabilities, insurance, income, expenditure, family history, medical information and your banking details.

Some of the aforementioned personal information may be mandatory to provide within the context of product providers’ underwriting requirements and disclosures.

Failing  to  provide  compulsory  information  may  lead  to  our  organisation’s  inability  to  carry  out  the functions necessary to perform as an authorised financial services provider.

What Type of Personal Information Does Capitaux Collect?

Personal  Information  collected  by  Capitaux  includes  your  name,  contact  details,  birth  date,  identity number, gender, employment details, marital, family, policy, location information, online identifier, bank account, medical or health information (in the case of the Medical Practice Management Trust).

When Personal Information is collected, Capitaux will, where it is practical to do so, indicate the purpose for the collection and whether the information required is compulsory or voluntary.

When Will Capitaux Process Your Personal Information?

We will only process your Personal Information for lawful purposes relating to our business if the following circumstances apply:

• You have consented thereto.
• A person legally authorised by you, the law, or a court, has consented thereto.
• If you are a child, and a competent person (such as a parent or guardian) has consented thereto on your behalf.
• It is necessary to conclude or perform under a contract we have with you. The law requires or permits it; and/or
• It is required to protect or pursue your, our, or a third party’s legitimate interest.

Law authorising or requiring collecting of the personal information

Capitaux Financial Services Trust as an authorised financial services provider, is obligated in terms of the following legislation to collect your personal information insofar as it relates to the rendering of the relevant financial services to you:

• Financial Advisory and Intermediaries Services Act 37 of 2002; Financial Intelligence Centre Act 38 of 2001;
• Insurance Act 18 of 2017;
• Short-Term Insurance Act 53 of 1998;
• Long-Term Insurance Act 52 of 1998;

Capitaux Accounting Trust as an accounting & TAX services provider, is obligated in terms of the following legislation to collect your personal information insofar as it relates to the rendering of the relevant financial services to you:

• National Credit Act 34 of 2005
• Financial Advisory and Intermediary Services Act no 37 of 2002 Financial Intelligence Centre Act 38 of 2001
• Income Tax Act 58 of 1962
• Insolvency Act 24 of 1936
• The National Credit Act 34 of 2005 Unemployment Insurance Act 63 of 2001
• Unemployment Insurance Contributions Act 4 of 2002 Value Added Tax Act 89 of 1991

Capitaux Practice Management Trust as medical practice management services provider, is obligated in terms of the following legislation to collect your personal information insofar as it relates to the rendering of the relevant services to you:

• National Health Act (NHA)
• HPCSA Ethical guidelines for good practice in the health care professions Ethical Charter, specifically Rule 2.3.8, Rule 5.4 and Rule 13 respectively.

Purpose for Processing your Information

Capitaux collect, hold, use and disclose your personal information mainly to provide you with access to the services and products that we provide. We will only process your information for a purpose you would reasonably expect, including:

• Complying with the obligations contained in the contract concluded between yourself and Capitaux Providing you with advice, products and services that suit your needs as requested
• To verify your identity.
• To issue, administer and manage your insurance policies To process insurance claims and to take recovery action
• To notify you of new products or developments that may be of interest to you To confirm, verify and update your details
• To comply with any legal and regulatory requirements

Some of your information that we hold may include, your first and last name, email address, physical address,  other  contact  information,  your  title,  birth  date,  gender,  occupation,  qualifications,  past employment, residency status, your investments, assets, liabilities, insurance, income, expenditure, family history, if you are a politically exposed client, medical information and your banking details.

Some of the aforementioned personal information may be mandatory to provide within the context of product providers’ underwriting requirements and disclosures. Failing to provide compulsory information may  lead  to  Capitaux’s  inability  to  carry  out  the  functions  necessary  to  perform  as  an  authorised financial services provider.

Use Of Cookies

What are cookies?

A cookie is a small text file stored on your device by the website you are visiting. It helps the website to remember information about your device and how you use the website. We use this information to make your visit to our site as easy and useful as possible. Any pop-up on your screen regarding cookies is not spam.

What happens if you disable your cookie functionality?

Clearing or disabling cookies may limit your website functionality. You can limit the collection of your information by disabling cookies on your browser. You may also be able to modify your browser settings to require your permission each time a site attempts to set a cookie. However, our website (and many other websites) relies on cookies to enable certain functionality. If you choose to disable cookies, some of the services available on our website may not work properly.

Links to other sites
When you are using our website, you could be directed to other websites that are beyond our control. These other web sites may send their own cookies to you to collect data or solicit Personal Information. We do not control the privacy policies of those third-party web sites.

What do we use cookies for?
We use cookies for session management, user device identification and classification, traffic routing, and analytics.

How You Can Review and Correct Your Personal Information

You  can  request  to  review  your  Personal  Information  contained  in  Capitaux’s  records  at  any  time  to correct or update the information. If the purpose for which your Personal Information was requested initially does not exist anymore, you may request information held by Capitaux to be removed. However, Capitaux can decline your request to delete the information from its records if other legislation requires the continued retention thereof or if it has been de-identified.

Should you feel the need to review your Personal Information please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. where after we will provide you with the relevant "Client Personal Information Request Form".

Third parties and your personal information

We may need to share your information to third parties provide advice, reports, analyses, products or services  that  you  have  requested.  Where  we  share  your  information,  we  will  take  all  precautions  to ensure that the third party will treat your information with the same level of protection as required by us.

These third parties may include:

• Your employer (where applicable);
• Moonstone, Capitaux Financial Services Trust’s external Compliance Officer;
• Analytics and search engine providers assisting in the enhancement of our websites;
• Information Technology specialists assisting us with data storage, security, processing, analytics, etc; Auditors of Capitaux;
• Regulatory or governmental authorities such as the Financial Sector Conduct Authority and the Prudential Authority;
• Capitaux may share your information as part of its statutory and reporting obligations with the applicable 3rd parties linked to your policies or our partners with regards to insurance claims.

Complaints and objections

As a data subject, you have the right to:

• Request that we confirm, free of charge, whether or not we hold personal information about you;
• Request that we provide you with a description of the personal information we hold about you, and to explain why and how it is being processed.
• Request that we consider your objections to the processing of your personal information
• Lodge a complaint with the Information Regulator
• The required consent form will be provided upon your request.

Information Officers

Capitaux Financial Services Trust Officer:
A Venter

Capitaux Accounting Trust Officer:
RC Malan

Capitaux Practice Management Trust Officer:
WJ van Zyl

Changes To This Policy

We reserve the right, in our sole discretion to amend (including without limitation, by the addition of new terms and conditions) this Policy from time to time. The amended version of the Policy shall supersede and replace all previous versions thereof.

Visit www.capitaux.co.za for the latest version.

The Information Regulator

In the event that your personal information has not been processed in accordance with the POPI Act and the principles set out above, you have the right to lodge a complaint with the Information Regulator.

For  further  information  regarding  the  complaints  process,  please  visit  the  website  of  the  Information Regulator, as indicated below.

Alternatively, you may contact the Information Regulator for further assistance:

• The Information Regulator: Adv Pansy Tlakula
• Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
• Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
• Website: https://www.justice.gov.za/inforeg/index.html