Privacy Policy
NOBLE WEALTH MANAGEMENT PRIVACY STATEMENT
1. INTRODUCTION
1.1. This privacy statement explains how we process the personal information we collect from you and also informs you of your rights in terms of the Protection of Personal Information Act, Act No. 4 of 2013 (“POPIA”). You have the right to be notified that your personal information is being collected, which is why this privacy statement has been brought to your attention and is important to you.
1.2. Important: If you use our services and products, you agree that we may process your personal information as explained under this Privacy Statement. In the relevant agreement or terms and conditions pertaining to those services and products, you may provide us with your consent to process your personal information and agree that we may process it for the purposes as described in such agreement or terms and conditions (in addition to the purposes described in this privacy statement).
2. RESPONSIBLE PARTY
2.1. Noble Wealth Management will be the responsible party for your personal information. We are responsible to ensure that your personal information is processed in compliance with the conditions for lawful processing set out in POPIA.
2.2. If you have any questions or wish to complain about the processing of your personal information, or if you wish to exercise any of your rights as a data subject, you can contact the Information Officer at info@noblewm.co.za.
3. WHAT PERSONAL INFORMATION DO WE COLLECT?
3.1. Personal information is defined in POPIA and means information relating to an identifiable, living natural person, and where it is applicable, an identifiable, existing juristic person. We “process” your personal information if we collect, use, store, make available, destroy, update, disclose, receive or otherwise deal with your personal information.
3.2. Depending on the type of business we conduct with you or the relationship you have with us, we may process the following types of personal information:
· name
· race (for employment purposes or as otherwise required by applicable law)
· gender
· marital status
· nationality
· age
· language preference
· date of birth
· information relating to education, financial, criminal or employment history of a person
· identifying numbers such as identity or passport number, tax identification numbers or tax- reference numbers
· e-mail address
· physical address
· telephone number
3.3. We do not process special personal information in the ordinary course of business although special personal information such as alleged criminal history may be processed during enhanced due diligence screening for anti-money-laundering purposes and sanction screening. We will process other special personal information only if we obtain your consent or have another valid justification to do so.
3.4. Businesses that need to process the personal information of children will do so if the law permits this. In the normal course of our business, a competent person such as a parent or guardian will consent to the processing of the personal information of the child.
4. FOR WHAT PURPOSE DO WE COLLECT PERSONAL INFORMATION?
4.1. In order for us to provide clients with the financial products and services they have requested and to notify them of important changes to such products and services, we need to collect, use and disclose the personal information of clients, their representatives, controlling persons of entities, business contacts, staff of clients and service providers. We collect and use personal information in order to conclude a contract with clients and to carry out the obligations in terms of that contract (including managing the account and complying with instructions and requests). We also process contact information so that we can report to clients and keep clients informed of the status of any instruction.
4.2. We have regulatory obligations, including compliance with anti-money laundering legislation, to process your personal information. This includes verifying your identity or the identity of your beneficial owner and/or controlling persons. We are also required by various laws (among others the Collective Investments Schemes Control Act, 2002, the Financial Advisory and Intermediary Services Act, 2002, and the Financial Intelligence Centre Act, 2001 including any legislation which may amend or substitute such laws from time to time) to maintain a record of our dealings with clients.
4.3. We may use your personal information to pursue our legitimate interests such as to compile reports, to comply with requests for information from any internal or external auditor, or any regulatory or supervisory body, or to correspond with you. If we require funding from an investor, bank or other financing institution or if a third party is investing in or considers investing in us or any of our affiliated entities then we may, in our legitimate interest, provide information to such investor, bank or other financing institution.
4.4. You may refuse to provide us with your personal information in which case it is likely that we will not be able to provide you with a relevant service or would have to terminate our business relationship. The supply of certain items of personal information, especially those collected to comply with regulation, is legally mandatory.
4.5. We may further process your information if it is compatible with the purpose for which it was collected, for instance to:
4.5.1. Evaluate your application for products and services;
4.5.2. Evaluate your current and future needs and to suggest further products or services to you;
4.5.3. Evaluate and improve the effectiveness of our business and products, services and offerings;
4.5.4. Conduct market research and provide you with information about our products and services from time to time via email, telephone or other means (for example invite you to events);
4.5.5. Process your marketing preferences (where you have unsubscribed from certain direct marketing communications, keeping a record of your information and request to ensure that we do not send such direct marketing to you again);
4.5.6. For operational and further investment purposes;
4.5.7. Verify your identity for security purposes;
4.5.8. Meet legal and regulatory requirements or industry codes to which we may be subject, for example comply with a lawful request for information received from a local or foreign law enforcement agency, court, government or tax collection agency;
4.5.9. Use in connection with legal proceedings;
4.5.10. Conduct our internal audit (including security) functions which allow us to monitor our systems and processes. This protects us and you from fraud, identity theft and unauthorised access;
4.5.11. Conduct statistical and any operational, marketing, auditing, legal and record-keeping requirements;
4.5.12. Detect and prevent any fraud and money laundering and/or in the interest of security and crime prevention (which includes ongoing due diligence and sanction screening against any sanction list we may determine in our sole discretion);
4.5.13. Assess and resolve any complaint;
4.5.14. Perform any risk analysis or for purposes of risk management to you or our business in general;
4.5.15. Record and/or monitor and have access to your telephone calls (i.e., voice recordings), correspondence and electronic communications to/with us (or any of our employees, agents or contractors) in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
4.5.16. Trace your contact information through a tracing agent if you are uncontactable and/or to comply with any regulation or conduct standard relating to unclaimed assets; and
4.5.17. Prevent or control the spread of any disease.
5. HOW DO WE COLLECT YOUR PERSONAL INFORMATION?
5.1. Directly from the data subject: We will not collect your personal information without your consent, except where it is required or permitted by law. We collect most of the personal information we process directly from the data subject or an authorised representative of the data subject, for example when an application form or client take-on form is completed or an investment mandate is concluded.
5.2. From third party sources: We also collect or process personal information we obtain from third-party sources or sources in the public domain. This may include, but is not limited to:
5.2.1. client due diligence tools, and through identity verification and bank verification processes;
5.2.2. sanction screening tools (which may include any sanction list we may determine in our sole discretion);
5.2.3. collection of personal information by requesting information on source of funds or source of wealth,
5.2.4. credit and fraud checks;
5.2.5. consumer credit information as defined in the National Credit Act, Act No. 34 of 2005 from registered credit bureau;
5.2.6. tracing agents.
5.2.7. personal information as required for the purposes of forensic investigations of whatsoever nature.
5.3. During the course of our business relationship with a data subject and in the course of performing a financial service to that data subject, we may obtain financial information from product providers where we invested on behalf of that data subject, such as the value of the investment with such product provider.
6. WHO RECEIVES YOUR PERSONAL INFORMATION?
6.1. The services we provide are of such a nature that it is often necessary that personal information needs to be shared with or transferred to third parties in order to perform our services to clients. This may be implicit in the service or because you requested us to transfer the personal information to the third party. (For example, if we need to open a bank account for a client, the bank will require personal information of that client). We also need to transfer personal information to third parties from time to time for legal or regulatory reasons. We may disclose your personal information to third parties for reasons set out in this privacy statement or where it is not unlawful to do so.
6.2. We may, depending on the type of service, transfer personal information to: an auditor, a local or foreign regulator (including but not limited to the Financial Sector Conduct Authority, Reserve Bank, South African Revenue Services, the Financial Intelligence Centre), a tax administrator, a legal advisor, a financial intermediary appointed by the data subject (either directly or indirectly through an information exchange platform), a forensic investigation service (internal or external), a service provider providing administrative support services or accounting services to you or us. We may provide your limited personal information to our fund managers, distribution and co- brand partners, or third parties that manage the funds you invest in, for purposes of fee calculations and distribution-related activities. We will ensure that such third parties are restricted by obligations of confidentiality to only use the information for the required purpose and that they will apply strict security measures to the personal information we share with them.
6.3. We will also share personal information for the purpose of client due diligence undertaken in compliance with anti-money laundering legislation with brokers, banks, custodians and other financial service providers.
7. THIRD PARTY COUNTRY TRANSFER
7.1. We may enter personal information into our systems and the systems of our service providers and operators that may use technology or services outside South Africa. Your personal information may also for cloud storage purposes or through the use of any of our websites, be transferred or processed outside of the Republic of South Africa.
7.2. We may also, in the course of providing a service to you, engage with financial service providers, custodians, banks or regulators outside South Africa and then transfer your personal information to them for purposes of providing you with a financial service or to comply with applicable law.
7.3. Recipients of your information may be situated in countries which do not have data protection laws similar to South Africa. We will, however, use all reasonable endeavors to ensure that the contracts entered into with such third parties contain the necessary appropriate safeguards if personal information is processed outside South Africa or rely on other legally permitted safeguards.
8. MARKETING
8.1. We may contact you from time to time to inform you of similar services or products to the ones you are contracted for and that we think you may be interested in. We may also provide you with newsletters and market insights as part of our value-added client experience.
8.2. You may object to us processing your information for marketing purposes. You can unsubscribe from direct marketing by following the steps set out in the direct marketing you received or contacting broker, as the case may be for the particular product or service.
9. YOUR RIGHTS AS A DATA SUBJECT
9.1. You have the right to have your personal information processed in accordance with the conditions for the lawful processing of personal information as set out in POPIA. You also have the rights as set out below which we need to make you aware of.
Right of Access
9.2. In terms of section 23 of POPIA, you are entitled to request us to:
9.2.1. confirm, free of charge, whether or not we hold personal information about you.
9.2.2. provide a record or a description of the personal information we hold, including information about the identity of all the third parties, or categories of third parties who have, or have had, access to the personal information.
9.3. You will need to provide us with adequate proof of identity before we respond to a request. If you request a record, we will respond within a reasonable time. We may charge the fee under applicable law for providing copies of records to you.
Right to request correction or deletion
9.4. You may request us, in terms of section 24 of POPIA, to correct or delete personal information in our possession or under our control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully. You may also request us to destroy or delete a record of personal information about you that we are no longer authorised to retain.
9.5. We will as soon as reasonably practicable correct, destroy or delete, as the case may be – unless we are required or entitled under applicable laws to keep the information and inform you that we have done so.
9.6. If we do not believe that the information requires correction, we will provide you with credible evidence in support of the information. If we cannot reach agreement with you, you may request us to attach to the information we hold the request for correction so that it can be read together.
Right to object to processing
9.7. Where we process your information to protect your legitimate interest or to pursue the legitimate interest of a third party to whom the information is supplied or our own legitimate interest, you may object at any time to the processing of your personal information for these purposes, on reasonable grounds relating to your situation, unless applicable law provides for such processing.
9.8. You may also object at any time to the processing of your personal information for purposes of direct marketing or the receipt of direct marketing through unsolicited electronic communication.
Remedies for data subjects
9.9. You have the right to complain to the Information Regulator as set out in paragraph 13 below.
10. HOW LONG DO WE RETAIN YOUR PERSONAL INFORMATION?
10.1. We generally only keep your personal information on our records for as long as we need it to provide you with services and to meet legal requirements related to record-keeping.
10.2. We will keep your personal information for as long as:
10.2.1. the law requires us to keep it;
10.2.2. a contract we have with you requires us to keep it;
10.2.3. you have consented to us keeping it;
10.2.4. we reasonably require it to achieve purposes set out in our contract with you or this policy;
10.2.5. we require it for our lawful business purposes.
10.3. We may also keep your personal information for historical, statistical or research purposes if appropriate safeguards are in place. We may keep your personal information for longer if there is litigation or an investigation, or any tax or regulatory query.
10.4. If we have to keep information for longer periods than set out above (for example if it cannot be safely destructed), we will only process it for purposes of storage or for purposes of proof. We will also restrict access and processing of such information.
11. SECURITY BREACHES
In the event of a security compromise where your personal information has been accessed or acquired by an unauthorised person, we will notify you directly as soon possible as provided for in POPIA.
12. AUTOMATED DECISION MAKING
12.1. An automated decision is when your personal information is analysed to form a profile of a person or category of persons to make a decision without human intervention. We do not make automated decisions.
12.2. If we make any automated decisions about you in future, you will have the right to query any decisions made and we will provide reasons for the decisions as far as reasonably possible.
13. THE INFORMATION REGULATOR
13.1. You may complain to the Information Regulator. Any person may submit a complaint to the Information Regulator in the prescribed manner and form alleging interference with the protection of the personal information of a data subject. A data subject may also submit a complaint in respect of a determination of an adjudicator.
13.2. The address of the Information Regulator is as follows: The Information Regulator (South Africa)
JD House
27 Stiemens Street
Braamfontein
Johannesburg, 2001
Complaints email: complaints.IR@justice.gov.za General enquiries email: inforeg@justice.gov.za
14. UPDATES TO THIS PRIVACY STATEMENT
This privacy statement is dated as of 1 July 2021. We may update the privacy statement from time to time. The current privacy statement will be available on our website or available upon request from our office. Please check our website on a regular basis.
ePRIVACY POLICY
Noble Wealth Management Pty (Ltd), registration number: 2005/038250/07 (hereinafter referred to as “Company”, “we“, “us” or “our“) is committed to ensuring the protection of the privacy of all visitors (“Visitors”) to our website at www.noblewm.co.za (the “Website“) as well as all persons (“Customers”) who have registered for an account with us (“Account").
This privacy policy (“this Policy“) describes the ways in which we collect, store, use and protect your personal information. Throughout this Policy, we use the term “personal information” to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been made anonymous so that it does not identify a specific user.
You need to read and accept all the provisions in this Policy in order to use the Website and/or our services. By accepting this Policy, you are deemed to have read and agreed with all the provisions thereof. If you do not agree with anything in this Policy, then you may not use the Website and any of the services available therefrom.
1. CHANGES TO THIS POLICY
We may amend this Policy at any time by posting a revised version on our Website. The revised version will apply to Visitors with effect from the time we post it. However we will provide Customers with at least 30 days’ prior notice of any such revision by posting notice of the change on the Website and the revision will then apply to Customers with effect from the date indicated in such notice, provided that if you are a Customer and you are not happy with the revisions made, you should stop using the Website in any way and may request us to deactivate your Account with us.
2. GENERAL INFORMATION ABOUT EVERYONE
2.1 Types of Information we collect
As a Visitor, registered Shopper or Marketplace Seller, you agree that we may electronically collect, store and use the following of your information:
2.1.1 internet usage information, including your Internet Protocol address (“IP Address”), browsing habits, click patterns, unique user ID, version of browser software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the Website, and the dates and times that you visit the Website, paths taken, and time spent on sites and pages within the Website (“Usage Details”); and
2.1.2 additional information you may provide on a voluntary basis, such as demographic information or information related to your favourite social networking site (eg. the site name, address and description), or information relating to your participation in competitions, promotions, surveys, and/or additional services (“Optional Details”).
2.2 How we collect such information
2.2.1 Voluntarily provided by you: Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website, enter competitions, take advantage of promotions, respond to surveys, register and subscribe for certain additional services, or otherwise use the optional features and functionality of the Website.
2.2.2 Automatically gathered via various technologies:
2.2.2.1 “Cookies” Information: When you access the Website, we may send one or more cookies (small text files containing a string of alphanumeric characters) to your computer to collect certain Usage Details. We may use both session cookies (which disappear after you close your browser) and persistent cookies (which remain after you close your browser which can be removed manually) and may be used by your browser on subsequent visits to the Website. Please note that the use of cookies is standard on the internet and many major websites use them. Please review your web browser “Help” file to learn more about modifying your cookie settings.
2.2.2.2 Other tracking technology: When you access the Website or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us or our service providers from your system by using different types of tracking technology.
2.2.2.3 Web Beacons: Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Web beacons are typically 1-by-1 pixel files (so small that you would likely not realize that they are there), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also include web beacons in HTML-formatted newsletters that we send to opt-in subscribers in order to count how many newsletters have been read. Our web beacons do not collect, gather, monitor or share any personally identifiable information. They are just the technique we use to compile anonymous information about the Website and Service usage.
2.3 The purpose for which we collect this information
2.3.1 We may use any Optional Details provided by you for such purposes as indicated to you at the time you agree to provide such Optional Details.
2.3.2 We may use your Usage Details to (a) automatically provide you with the latest version of the Noble Wealth Management Pty (Ltd) application on your system; (b) remember your information so that you will not have to re-enter it during your visit or the next time you access the Website or Platform; (c) monitor aggregate Website usage metrics such as total number of visitors and pages accessed; (d) recommend such of our products to you which we believe you might like based on your browsing history; and (e) track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website.
3. INFORMATION ABOUT CUSTOMERS
3.1 Types of information we collect about our Customers
If you are a registered Customer, you agree that we may also electronically collect, store and use the following of your information:
3.1.1 name and surname, birth date, gender, location (i.e. country, province and city of residence), identity number or passport number (“Personal Details“);
3.1.2 If you are a legal entity, your full name, registration number, country of incorporation (“Corporate Details”), and the Personal Details of all your directors and/or office bearers;
3.1.3 e-mail address and, if provided by you, your mobile number (“Contact Details“);
3.1.4 information relating to your transactional activity on the Website (“Transaction Details”);
3.1.5 additional information you may provide on a voluntary basis, which could include demographic information or information related to your favourite website, activities, interests or your participation in competitions, promotions, surveys, and/or additional services (“Additional Details“); and
3.1.6 information relating to third parties for whom you purchase products as gifts, such as such their name, physical address and/or contact number (“Third Party Details”).
3.2 How we collect information about Customers
Your Personal, Corporate and Contact Details will be provided by you during your registration as a Customer and/or thereafter by your actively updating or supplementing such details in your Account. Additional Details are provided by you on a voluntary basis either directly, or indirectly by means of you linking your Account to your other social networking profiles, such as your Facebook profile. Transaction Details are recorded by us as and when you buy anything on the Website. Third Party Details are provided by you as and when you decide to order a product (including gift vouchers) as a gift for that third party.
3.3 The purposes for which we collect the information
We use the information that registered Customers provide (or that we collect) to operate, maintain, enhance, and provide all of the features of the Website and related services, and as may be necessary to comply with any relevant laws.
More specifically:
3.3.1 We use your Personal and Corporate Details to greet you when you access your Account, to manage and administer your use of the Website and fulfil our contractual obligations, including to verify your identity when transacting with us.
3.3.2 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Website (ie to ensure that Shoppers receive their products, to facilitate communication between Shoppers, customer service notifications, and to address copyright infringement or defamation issues). We may also use your Contact Details to inform you of competitions, promotions and special offers form us, but only if you have given your prior consent to receiving such communications. For more information regarding these optional communications, see section 9 below.
3.3.3 We use your Transaction Details to keep transaction records and to comply with our other obligations and enforce our rights as per the T&C. We may also use these details to notify you about products or special offers you may be interested in, but only if you have consented to receiving such communications from us (as explained in section 9) and to, on an aggregated anonymous basis, track sales, conduct market research and in so doing improve our product selection and services generally.
3.3.4 We may use any Additional Details provided by you to enhance and personalize your browsing experience on the Website and for such other purposes as may be indicated to you at the time you agree to provide such Additional Details.
3.3.5 We use the Third Party Details to be able to deliver the product you purchased for such third party to him/her and to contact such third party if need be to ensure delivery to him/her. We will not use such Third Party Details for any other purpose.
4. HOW WE PROTECT & STORE PERSONAL INFORMATION
4.1 We store the personal information of our Customers and Visitors on our servers in South Africa. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to personal information only for those employees who require it to fulfill their job responsibilities.
4.2 You should not divulge your Account password to anyone. We will never ask you for your password in an unsolicited telephone call or e-mail. You are responsible for maintaining the secrecy of your unique password and account information at all times.
4.3 If you are a legal entity and not an individual, we will liaise only with your named contact or alternative contact provided by your named contact. It is your responsibility to let us know of any changes to your named contact.
5. HOW WE SHARE PERSONAL INFORMATION WITH OTHERS
5.1 We may share the personal information of each of our Visitors and Customers with -
5.1.2 Law enforcement, government officials, fraud detection agencies or other third parties when (a) we are compelled to do so by a subpoena, court order or similar legal procedure; or (b) we need to do so to comply with any law; or (c) we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement and/or Merchant Agreement.
5.1.3 our service providers under contract who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
5.1.4 Other third parties, but only with your consent or direction to do so.
5.4 Also note that if Noble Wealth Management Pty (Ltd) should sell, transfer or close its business, or undergo a merger, consolidation, change in control, transfer of substantial assets, reorganisation or liquidation, then Noble Wealth Management Pty (Ltd) shall be entitled to transfer, sell or assign any or all information collected via the Website (including your personal information) to one or more relevant third parties, but only to be used by them in accordance with the provisions of this Privacy Policy.
5.5 Note that Kalahari will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described in this Policy.
6. HOW YOU CAN ACCESS OR CHANGE YOUR PERSONAL INFORMATION
If you would like to review or change the details that you have supplied us with at any time you can either amend your details directly by going to your ‘Account’ section in the top right corner and choosing Update your profile or by contacting us on Info@noblewm.co.za or 011 440 6750. (Contact centre hours: Weekdays 8:00 – 17H00).
7. NON-PERSONAL INFORMATION
Notwithstanding anything contained in this Policy regarding your information, the following information is not regarded as personal information for purposes of this Policy:
7.1 Permanently de-identified information that does not relate and/or cannot be traced back to you specifically. We may compile, use, share and otherwise process such information as we deem fit.
7.2 Non-personal statistical information collected and compiled by us. We own and retain all rights in such information
7.3 Information which you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, albums, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this Policy. Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes and you should accordingly be careful when deciding to share any of your personal information in such public environments
8. YOU CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION
By accepting this Policy, you consent to our collection, storage, processing and disclosure of your personal information as described in this Policy. Should you terminate your registration with us and/or close your Account, you consent to our retention of the information we have already collected from you for record-keeping purposes only.
9. OPTIONAL CONSENT TO MARKETING & SERVICE COMMUNICATIONS
Although you cannot opt out of receiving communications we need to send you relating directly to your Website purchases, you can opt out of receiving various other types of communications from us, being as follows:
9.1 sporadic alerts about exclusive discounts, special offers, sales and competitions.
9.2 regular newsletters to inform you about offers, hot products and other things that may be of interest to you (based on your selected interests and previous purchases) or to our Customers generally.
9.3 Service communications concerning activity on your Account such as to notify you about a voucher you have received from us, or to remind you of unordered items in your online basket or vouchers approaching expiry which you haven’t yet redeemed.
You can opt out of service mails and notify us about your marketing communication preferences here. You can also opt out on a specific type of communication by following the unsubscribe link at the bottom of each email.
While we do our best to act on your preferences as soon as we can, please be aware that it may take up to 14 days for changes to your preferences concerning newsletters or service emails to take effect.
10. HOW YOU CAN CONTACT US ABOUT PRIVACY QUESTIONS
If you have questions or concerns regarding this Policy, you should contact us at Info@noblewm.co.za or 011 440 6750. (Contact centre hours: Weekdays 8:00 – 17H00)