UMBRA The Benefit Counsellor

INTRODUCTION

The Benefit Counsellor (Pty) Ltd (“the Licensor”) is a financial technology company that offers retirement benefit counselling via an online benefit counsellor product owned and developed by the Company, namely the Benefit Counsellor Product (“the Product”).
The Product is licensed to Lifesense Financial Services Administration Division (Pty) Ltd (“the Licensee/s”) for use by members of the UMBRA retirement fund who have been authorised to use the Product (“Authorised Users”).
The Product can be accessed by Authorised Users on the following website address, namely umbra.benefitcounsellor.com (“the Website”).
The Licensor is a “responsible party” as defined in the Protection of Personal Information Act 4/2013 (“POPI”) and seeks to ensure that all Personal Information as defined in POPI, of Authorised Users will be Processed in accordance with the provisions of POPI.
This Privacy Policy sets out how the Licensor uses any Personal Information provided by Authorised Users upon registration of an account on the Website when accessing the Product and/or collected by the Licensor/third party services provider through use of the Product and sets out the rights and obligations that both Authorised Users and the Licensor have in relation to the Processing of Personal Information.
By registering as an Authorised User on the Website, Authorised Users accept and agree to the collection, use and disclosure of Personal Information in accordance with the terms of this Privacy Policy.

INFORMATION COLLECTED BY THE LICENSOR

The Licensor may collect the following information:
1. account registration details including name, address, telephone number, fax number and email address;
2. any financial information or credit information;
3. unique identifiers including Licensor registration number, ID number and VAT number;
4. any other information defined as “Personal Information” in section 1 of the Protection of Personal Information Act, No. 4 of 2013 (collectively hereinafter referred to as “Personal Information”).
The Licensor collects Personal Information directly from Authorised Users or certain third parties including service providers to the Licensor; regulatory bodies; credit reference agencies; other publicly available sources of information, and Authorised Users consents to such collection for the purposes set out herein.

DATA MINIMISATION

The Licensor shall only collect and process Personal Information that is adequate, relevant and limited to what is necessary in relation to the purposes for which it is to be processed.
Personal information is collected and processed to provide Authorised Users with access to and use of the Product and related services and the specific purposes set out in paragraph 4 below.
The Licensor shall ensure that:
1. Personal Information is only accessed where there is authorisation to do so, or some other lawful purpose, failing which the Licensor shall take the necessary disciplinary action and in certain circumstances, criminal action;
2. when collecting Personal Information, as required for the performance of duties and tasks, there shall not be a request that a person provides more Personal Information than is strictly necessary for the intended purposes; and
3. where Personal Information is no longer needed for the specific purposes for which it was collected, such information shall be deleted, destroyed and/ or anonymised.

ACCURACY

Authorised Users are required to provide Personal Information that is accurate and, where required kept up-to-date.
The Licensor shall correct and or delete, without delay, any inaccurate or expired records where an error has been discovered.
Where the Licensor obtains any Personal Information about an Authorised User from a third party, the Licensor shall ensure that it was collected by the third party with the consent of the Authorised User, or otherwise in accordance with this policy’s requirements.

HOW THE LICENSOR USES AND PROCESSES PERSONAL INFORMATION

The Licensor uses, stores and processes Personal Information for the following general purposes:
1. to enable Authorised Users to access and use the Product and the counselling tools and calculators provided by the Product;
2. to operate, protect, improve and optimise the Product, counselling services tools provided, Authorised Users’ experience and to provide customer service;
3. to help create and maintain a trusted and safer environment on the Website, such as detection and prevention of actual and potential fraud and other harmful activity, conducting investigations and risk assessments, enforcing the Terms and Conditions of Use, verifying specific information provided by Authorised Users and conducting checks against databases and information sources (such as but not limited to public government databases) for fraud detection and prevention, risk assessment and harm prevention purposes. In this regard, the Licensor may do any or all of the foregoing with or without further notifying Authorised Users;
4. to send Authorised Users service, support and administrative messages, reminders, notices, updates, security alerts and information requested by Authorised Users;
5. to send Authorised Users marketing, advertising, and promotional messages and other information that may be of interest, including information about the Licensor. Authorised Users may unsubscribe or “opt-out” from receiving these communications by emailing info@benefitcounsellor.com;
6. to comply with legal obligations.
Personal Information may be transferred, used, and disclosed as follows:
1. Authorised Users acknowledge, consent and agree that the Licensor may access, preserve and disclose Personal Information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary (a) to respond to claims asserted against the Licensor; (b) to comply with legal process (for example, subpoenas and warrants), including legal process associated with national security and law enforcement; (c) to enforce and administer the Licensor agreements with Authorised Users, such as the Terms and Conditions of Use and this Privacy Policy and to enforce and administer the agreements concluded between the Licensor and Licensee; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of the Licensor, its Authorised Users or members of the public.

WHO MAY RECEIVE PERSONAL INFORMATION

When an Authorised User uses the Product an Authorised User’s Personal Information will not be visible to other Authorised Users and no Personal Information will be shared between Authorised Users.
The Licensor may share Personal Information to third parties/service providers engaged by the Licensor, or business partners of the Licensor, (who in turn have an obligation of confidentiality toward the Licensor) to assist to provide services to Authorised Users. Such third parties may include:
1. hosting, data storage or archiving service providers;
2. professional advisors; and
3. marketing and research agencies.
Whilst the Licensor will do all things reasonably necessary to protect Authorised Users’ rights of privacy, the Licensor cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of Personal Information, whilst in the possession of the Licensor, made by third parties who are not subject to the Licensor’s control, unless such disclosure is as a result of gross negligence of the Licensor.
If an Authorised User discloses Personal Information to a third party, such as an entity which operates a website linked to the Licensor Website or anyone other than the Licensor, the Licensor shall not be liable for any loss or damage, howsoever arising, suffered by an Authorised User as a result of the disclosure of such Personal Information to the third party.

STORAGE LIMITATION

The Personal Information that the Licensor collects and processes shall not be kept in a form that identifies a person for longer than what is necessary in relation to the purposes for which it was collected (this is subject to compliance with any legal, accounting or reporting requirements).
The Licensor shall on a regular basis review any Personal Information which has been processed in the performance of duties to assess whether the purposes for which the information was collected has expired.
Where appropriate, reasonable steps shall be taken to delete or destroy any personal data that the Licensor no longer requires in accordance with the Licensor’s Data Retention Policy.
The Licensor shall, insofar as reasonably possible, inform Authorised Users of the period for which their personal data will be stored or how such period will be determined.

SECURITY

The Licensor will:
1. treat Personal Information as strictly confidential, save where the Licensor is entitled to share it as set out in this Privacy Policy;
2. take appropriate technical and organisational measures to ensure that Personal Information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3. regularly evaluate and test the effectiveness of such measures to ensure that they are adequate and effective;
4. provide Authorised Users with access to their Personal Information to view and/or update any details;
5. promptly notify an Authorised User if the Licensor becomes aware of any unauthorised use, disclosure or processing of Personal Information;
6. provide an Authorised User with reasonable evidence of the Licensor’s compliance with its obligations under this Privacy Policy on reasonable notice and request; and
7. upon request, promptly return or destroy any and all Personal Information of an Authorised User in the possession or control of the Licensor, save for that which the Licensor is legally obliged to retain.
The Licensor will not retain Personal Information longer than the period for which it was originally needed, unless required by law to do so, or with an Authorised User’s consent to retaining such information for a longer period.
The Licensor will maintain confidentiality, integrity and availability of Personal Information at all times:
1. Confidentiality means that only people who need to know and are authorised to process any Personal Information can access it;
2. Integrity means that Personal Information must be accurate and suitable for the intended purposes;
3. Availability means that those who need to access the Personal Information for authorised purposes are able to do so.

CONTROLLING PERSONAL INFORMATION/PRIVACY CHOICES

Authorised Users may choose to restrict the collection or use of Personal Information by emailing the Licensor at info@benefitcounsellor.com, should an Authorised User:
1. have previously agreed to the Licensor using Personal Information for direct marketing purposes, and the Authorised User decides otherwise;
2. require details and/or copies of Personal Information held by the Licensor about the specific Authorised User;
3. believe that any Personal Information held by the Licensor is incorrect or incomplete.
Authorised Users may further:
1. withdraw consent unconditionally;
2. be informed about how the Licensor collects and processes Personal Information;
3. ask the Licensor to delete or destroy personal data if the personal data is no longer necessary in relation to the purposes for which it was collected, consent has been withdrawn (where applicable), a person has objected to the processing, the processing was unlawful and/or the Personal Information has to be deleted to comply with a legal obligation;
4. receive or ask the Licensor to transfer Personal Information to a third party;
5. make a complaint to an appropriate supervisory authority.

COOKIES AND ANONYMOUS IDENTIFIERS

On registration of an account, an Authorised User’s computer or device may store an identifying cookie or anonymous identifier, which can save time when revisiting the Product, by accessing an Authorised User’s Personal Information when an Authorised User signs in to his/her account.
The Licensor may use cookies and anonymous identifiers for a number of purposes including to access Personal Information when an Authorised User signs in, to keep track of Authorised User preferences, direct specific content to Authorised Users, report on the Licensor Authorised User base, and to improve our Product. The Licensor may also use cookies or anonymous identifiers when Authorised Users interact with affiliate service providers of the Licensor, if applicable.
Authorised Users hereby agree that if an Authorised User changes the settings on their internet browser to block or restrict cookies, including cookies associated with the Product, or to indicate when a cookie is being set by the Licensor, the Product may not work as intended. You should remember that, whilst you may still be able to use the Product if your cookies are disabled, it may not function properly on your device and you may not be able to take advantage of certain features of the Product.

LINKS TO OTHER WEBSITES, WHATSAPP AND SOCIAL MEDIA PLATFORMS

The Website may contain links to other websites of interest. However, once an Authorised User have used these links to leave the Website, Authorised Users should note that the Licensor does not have any control over that other website/s. Therefore, the Licensor shall not be responsible for the protection and privacy of any information which an Authorised User provides whilst visiting such sites and such sites are not governed by this Privacy Policy. Authorised Users should exercise caution and consider the privacy statement applicable to the website in question.
Some of the content, advertising, and functionality of the Product may be provided by third parties that are not affiliated with the Licensor. Such third parties include:
1. advertising providers, which help the Licensor and our advertising customers provide advertisements that are tailored to Authorised Users’ interests and understand how Authorised Users respond to those advertisements;
2. audience-measurement companies, which help the Licensor measure the overall usage of the Product and compare that usage to other online services; and
3. social networking services (like Facebook, Twitter, LinkedIn, Instagram and others) that enable Authorised Users to register and log into certain of the Licensor services and to share things found by Authorised Users with an Authorised User’s social network. This is only applicable if an Authorised User chooses to connect with a social networking service. The Licensor may provide other registration and login methods.
These third parties may collect or receive Personal Information about an Authorised User’s use of the Product, including through the use of cookies, web beacons and other technologies, and this information may be collected over time and combined with information collected on different websites and online services. the Licensor does not control the privacy practices of these (or any other) third-party services, and Authorised Users are encouraged to read the privacy policies of these services before connecting to them.
The Licensor may use WhatsApp to communicate with and send messages to Authorised Users. If an Authorised User registers with WhatsApp the Authorised User will be subject to the privacy and other policies of WhatsApp. Any messages or data transmitted via WhatsApp will be subject to such privacy and other policies of WhatsApp. The Authorised User acknowledges and agrees that the Licensor has no control over such policy/ies and will not be liable for any use or sharing of Personal Information by such application or any losses suffered by an Authorised User as a result. Authorised Users who do not wish to be subject to the WhatsApp terms and privacy policy should not register with WhatsApp and may communicate with the Benefit counsellor via web services. Authorised Users should exercise caution and consider the privacy statement applicable to the application in question prior to registration/use thereof.

AVAILABLE CHANNELS REGARDING COLLECTION, USE AND DISTRIBUTION OF PERSONAL INFORMATION (OPT OUT POLICY)

Any questions regarding this Privacy Policy or about the Product information collection practices must be directed to info@benefitcounsellor.com.

AMENDMENTS

the Licensor may update this Privacy Policy from time to time. Any changes made will be posted on this page and, where appropriate, Authorised Users will be notified in the appropriate manner.
Questions, comments and requests regarding this Privacy Policy are welcomed and should be addressed to info@benefitcounsellor.com.

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RETIREMENT BENEFIT COUNSELLOR PRODUCT: PRIVACY POLICY