The Benefit Counsellor (Pty) Ltd ("the Licensor") is the developer and owner of
the Benefit Counsellor Product ("the Product).
The Product has been licensed to Lifesense Financial Services Administration Division (Pty) Ltd ("the
Licensee") for use by those members of the Retirement Fund, who have been authorised to use the Product
The Product can be accessed by Authorised Users on the following website address, namely www.umbra.benefitcounsellor.com ("the Website").
on the Website when accessing the Product and/or through use of the Product and sets out the rights and obligations that both
Authorised Users and the Licensor have in relation to 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
- INFORMATION COLLECTED BY THE LICENSOR
- The Licensor may collect the following information:
- account registration details including name, address, telephone number, fax
number and email address;
any financial information or credit information;
unique identifiers including company registration number, ID number and VAT
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”).
Should any Personal Information change, Authorised Users are required to inform
their retirement fund administrator and to provide their retirement fund
administrator with updates as soon as reasonably possible to enable the Licensor to
provide useful information via the Benefit Counsellor Product.
- 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:
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;
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
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.
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 a person from a third party it must check that it was collected by the third party in accordance with this policy’s requirements that the sharing of such personal information with the Licensor was clearly explained to the person.
- HOW THE LICENSOR USES AND PROCESSES PERSONAL INFORMATION
- The Licensor uses, stores and processes Personal Information for the following
- to enable Authorised Users to access and use the Product and the counselling
tools and calculators provided by the Product;
- to operate, protect, improve and optimise the Product, counselling services
tools provided, Authorised Users’ experience and to provide customer
- 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;
- to send Authorised Users service, support and administrative messages,
reminders, notices, updates, security alerts and information requested by
- 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 email@example.com;
to comply with legal obligations.
- Personal Information may be transferred, used, and disclosed as follows:
- 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 retirement fund administrators; (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.
- 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 Record Management Policies.
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.
- 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
- Personal Information will not be sold or made known to any third party.
- 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 your Personal Information, whilst in the possession
of the Licensor, made by third parties who are not subject to the Licensor 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.
- The Licensor will:
- treat Personal Information as strictly confidential, save where the Licensor
- 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;
regularly evaluate and test the effectiveness of such measures to ensure that they are adequate and effective.
- provide Authorised Users with access to their Personal Information to view
and/or update any details;
- promptly notify an Authorised User if the Licensor becomes aware of any
unauthorised use, disclosure or processing of Personal Information;
- provide an Authorised User with reasonable evidence of the Licensor
notice and request; and
- 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:
Confidentiality means that only people who need to know and are authorised to process any personal information can access it;
Integrity means that personal information must be accurate and suitable for the intended purposes;
Availability means that those who need to access the personal information for authorised purposes are able to do so.
Sharing personal information with third parties is prohibited unless:
The Licensor has agreed to this in advance; and
there has been an issuance to the respective person, of a privacy notice, beforehand and where such third party is processing the personal information on the Licensor’s behalf.
- CONTROLLING PERSONAL INFORMATION/PRIVACY CHOICES
- Authorised Users may choose to restrict the collection or use of Personal
Information by emailing the Licensor at firstname.lastname@example.org, should an
- have previously agreed to the Licensor using Personal Information for direct
marketing purposes, and the Authorised User decides otherwise;
- require details and/or copies of Personal Information held by the Licensor
about the specific Authorised User;
- believe that any Personal Information held by the Licensor is incorrect or
Authorised Users may further:
withdraw consent unconditionally;
be informed about how the Licensor collects and processes personal information;
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, the personal information has to be deleted to comply with a legal obligation and/or the personal information was collected from a person under the age of 13 and they have reached the age of 13;
receive or ask the Licensor to transfer personal information to a third party;
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.
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
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, WHATS APP 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
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:
- 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;
- audience-measurement companies, which help the Licensor measure the overall usage of the Product
and compare that usage to other online services; and
- 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,
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.
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)
collection practices must be directed to email@example.com.
be posted on this page and, where appropriate, Authorised Users will be notified in
the appropriate manner.
should be addressed to firstname.lastname@example.org.