Notice

By downloading, signing up for, accessing, using and/or interacting with FIA Member Connect via its Platforms the User (“you”, “your”, “yourself”) consents to the collection, use, sharing, transfer, storage, disclosure and other uses of your information (including but not limited to personal and non-personally identifiable data, information, content or communication) in accordance with this Terms and Conditions of Use and Privacy Policy (this Policy). The Processing of Personal Information will be done in accordance with this Policy. Should you not consent, you must immediately cease your interaction with FIA Member Connect.

By choosing to download, sign up, access, use and/or interact with FIA Member Connect, it is assumed that you have read these Terms and Conditions of Use and Privacy Policy and its corresponding Admin Rules and that you are submitting any personal data or information with due consent.

By downloading, signing up for, accessing, using and/or interacting with FIA Member Connect and/or various features available and present therein, you accept and confirm your acceptance of the practices and standard operating procedures as described in this  Policy. Through your continued use of the Platform, you agree that you have read and understood this Policy constituting the terms and conditions of use thereof.

1. Definitions

1.1 "Admin Rules” means the Administrator Rules which are available on the Platform and may be updated from time to time. These Admin Rules are incorporated herein by reference;

1.2 “Company” means the FIA;

1.3 "Consent"means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of the Data Subject for the Processing of their Personal Information;

1.4 “Cookies”means small text files transferred by a web server to the Data Subjects’ hard drive and thereafter stored on their computer/device. The types of information a Cookie collects include usernames, date and time of visits to the Platform, browsing history and preferences;

1.5 “Data Subject(s)” bears the same meaning as defined in POPIA;

1.6 ‘‘De-identify’’ and “De-identified” in relation to the Personal Information of a Data Subject, means to delete any information that— (a) identifies the Data Subject; (b) can be used or manipulated by a reasonably foreseeable method to identify the Data Subject; or (c) can be linked by a reasonably foreseeable method to other information that identifies the Data Subject;

1.7 "Direct Marketing" means to approach a Data Subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the Data Subject;

1.8 "FIA"means the Financial Intermediaries Association of Southern Africa NPC with registration number 1999/002724/08 whose registered office and principal place of business is at Corporate Corner Unit 9, Corner of John Vorster and Marco Polo Drive, Centurion;

1.9 “FIA Member Connect” means the Platform created by the FIA to support and enhance engagement and communication between members themselves and between the FIA and its members;

1.10 “ID” means a South African Identification Document or similar;

1.11 "Information Officer" means the information officer appointed by the FIA in accordance with POPIA;

1.12 "Member” means an existing member of the FIA (as is more fully defined in terms of the FIA’s Rules) who will be granted access to the Platform/s at the FIA’s sole discretion;

1.13 “Operator(s)”means an outside third party who Processes Personal Information for or on behalf of the FIA in terms of a contract or mandate;

1.14 “PAIA”means the Promotion of Access to Information Act 2 of 2000;

1.15 “Person”means a natural person and/or a juristic person;

1.16 “Personal Information” is all information that relates to an identifiable Data Subject. It carries the same definition as Personal Information contained in POPIA;

1.17 “Platform(s)” means the FIA Member Connect Platform or any other means by which a Data Subject can interact with the FIA or its members, including its Site, related websites, applications, social media, emails, WhatsApp and/or by way of telephone;

1.18 “Policy” means this Terms and Conditions of Use and Privacy Policy;

1.19 "POPIA"means the Protection of Personal Information Act, 4 of 2013, including any regulations or codes of conduct promulgated under same;

1.20 "Process"or "Processing" bears the same meaning, in relation to Personal Information, as defined in POPIA;

1.21 "Site"means the website or any part thereof which is accessible at fia.org.za;

1.22 “User” means any person, natural or juristic, accessing, viewing and/or using the Platform/s.

1.23 “User Forum” means the dedicated area on the FIA Member Connect Platform where Users can communicate with the FIA or other members, whether directly or indirectly;

2. Interpretation

In this Policy, any reference to:

2.1 the singular includes the plural and vice versa;

2.2 any one gender includes the other genders, as the case may be;

2.3 an act, regulation or other law is to the version of that law in force at the effective date of this Policy and includes any amendment or re-enactment made to that law after the effective date of this Policy;

2.4 A requirement that any notice, request, demand or other communication made in terms of this Policy must be in writing will be met if it is in the form of a data message as defined in the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”) and is accessible in a manner usable for subsequent reference. The User agrees that their chosen domicile will be as per their indicated email address.

2.5 This Policy shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

2.6 Any other words used in this Policy which are defined in POPIA carry the same meaning in this Policy as in the Act.

2.7 In case of any contradictions between this Policy and either the FIA’s POPI Policy or Privacy Policy, this Policy shall apply in respect of FIA Member Connect and the FIA Member Connect Platform/s.

TERMS AND CONDITIONS: THE FIA MEMBER CONNECT PLATFORM

3. Purpose of the Platform

3.1 The FIA, through FIA Member Connect, helps Users to connect with people, groups, businesses, organisations and others that are of interest to them within the FIA membership. The FIA may use Data Subjects’ data to make suggestions to them or others in order to allow them to strengthen their community within the FIA membership.

3.2 FIA Member Connect further allows Data Subjects to communicate with and express themselves to other members on the FIA Platform. The FIA works hard to maintain the security (including the integrity and confidentiality) of the information shared on FIA Member Connect. In recognition thereof that this may pose its own risks, this policy aims to give effect to the FIA’s commitment to detecting potential misuse of FIA Member Connect, harmful conduct to others and situations where the FIA may be able to safeguard and support its members. Appropriate action, based on the FIA’s assessment of the conduct, may be taken by the FIA if any such conduct is detected or reported to it.

4. Access to the FIA Member Connect Platform

4.1 The Platform shall be available only to existing FIA members for download.

4.1.1 Access to any User Forum may be requested by the Member.

4.1.2 The FIA reserves the right to grant or reject any such request by the Member, subject to the purpose of such User Forum and within the FIA’s sole discretion

4.2 It is the User’s responsibility to:

4.2.1 Provide a profile name that is professional, appropriate and similar to that used by the User on a daily basis;

4.2.2 Provide accurate information about themselves;

4.2.3 Create one (1) account only;

4.2.4 Not share their password with anyone else or transfer the account to anyone else;

4.2.5 Follow the Admin Rules for the Platform/s.

4.3 The FIA reserves the right, in its discretion, to suspend, remove or restrict User access to content or disable the User’s account entirely in the event that it violates this Policy.

4.4 Should the User’s access be restricted in any way or the content shared by the User be removed, the FIA will let the User know and explain any options that they have to request another review, unless the User seriously and/or repeatedly violates this Policy or if so doing may expose the FIA or other Users to legal liability or harm.

4.5 In order to assist the FIA in supporting its members, the FIA encourages Users to report content or conduct that they believe violates their rights (or the rights of others) or this Policy.

5. User Forums on the FIA Member Connect Platform

5.1 User Forums will be created by the FIA and specific participants will be invited by the FIA to such User Forums. Participants to User Forums will be selected by the FIA at their sole discretion. A Member may request to participate in a specific User Forum, which may be allowed by the FIA at their sole discretion.

5.2 If the Data Subject posts content to or comments on another User's posts on a User Forum on the Site, the Data Subject’s views will be available to all persons who can access that Forum.

5.3 If the Data Subject publishes any of the Data Subject’s Personal Information onto a User Forum, the FIA will not be responsible for how other people make use of or Process that information. It is the Data Subject’s sole responsibility to ensure that they exercise the necessary discretion before posting anything on any User Forum.

5.4 The communication on the Platform shall at all times be regarded as and remain of an informal nature. The User acknowledges that official communication channels related to specific committees, boards, or other organisations will remain unchanged.

5.5 The User acknowledges that their use of and/or interaction with the Platform and/or other Users on the Platform is done in their capacity as a professional representative of the FIA community. As such, the User will take specific care not to:

5.5.1 Breach any existing confidentiality and/or fiduciary obligations imposed on them in respect of any office that they may hold;

5.5.2 Utilise the Platform for the purposes of poaching or head-hunting other Users;

5.5.3 Utilise the Platform as a marketplace;

5.5.4 Conduct themselves in any manner that can reasonably be construed as anti-competitive behaviour;

5.5.5 Make available any information that they do not have the right to share or that infringes or violates someone else’s rights, including intellectual property rights, copyrights or trademarks.

5.5.6 Make any comments that are of an unlawful, misleading, discriminatory, fraudulent, disparaging, insulting or defamatory nature (or assist anyone else to do so). Users are warned that the Platform shall qualify as a ‘publication’ of such statements;

5.5.7 Misuse any reporting, flagging, dispute or appeals channels, such as by making fraudulent, duplicate or groundless reports or appeals.

5.6 The FIA reserves the right not to publish or remove any posts it considers inappropriate.

5.7 The FIA will publish Admin Rules regulating acceptable conduct on the User Forums specifically and on the Platform/s in general.

5.8 The FIA has zero tolerance for unacceptable conduct and reserves the right to remove access from any Member from the Platform/s in their sole discretion.

7. Liability and Indemnity

7.1 The FIA provides this platform as a service to its Members.

7.2 The FIA is not responsible for the opinions and information posted on the Platform/s by any User.

7.3 The FIA does not endorse any claims, warranties or information posted on the Platform/s, whether posted by the FIA or any third party. This extends to include all implied warranties of whatsoever nature.

7.4 The User who is the author of any post or comment grants the FIA and all Users the non-exclusive right to display, copy, publish, distribute, transmit, print and use such information or other material.

7.5 The FIA does not actively monitor the Platform for inappropriate posts/comments and does not on its own undertake editorial control thereof. In the event that unbecoming conduct or inappropriate comment is reported to the FIA, it will take appropriate action in accordance with the Admin Rules.

7.6 The FIA cannot guarantee the safety and/or security of any information transmitted via the Platform/s. The User remains solely responsible for maintaining the secrecy of any passwords or other account information. Should a User’s account be compromised, the User is responsible for reporting this to the FIA for further action.

8. Objectives

8.1 In providing services to Data Subjects, the FIA collects, uses, Processes and, in some circumstances, shares the Personal Information of Data Subjects in and through its Platform.

8.2 The FIA respects the rights of such Data Subjects, whose Personal Information is collected, used and/or Processed by it, including their right to protection against the unlawful collection, retention, sharing and use of such Personal Information.

8.3 The purpose of this Policy is to provide Data Subjects with information about the Processing activities of the FIA and the way Data Subjects’ rights are protected.

8.4 This Policy relates to each interaction between a Data Subject and FIA Member Connect on any of its Platforms.

8.5 The FIA may amend the provisions of this Policy to comply with any changes in the law, and/or pursuant to any changes to its information Processing activities or privacy practices. Such amendments will be published on the Site and will become operable from the date of such publication.

9. Responsible Party

9.1 The FIA will be the party who will collect and Process the Data Subjects’ Personal Information and as such is designated as the "Responsible Party" in terms of POPIA and for the purposes of this Policy.

9.2 The FIA’s contact details are as follows:

Physical address: Corporate Corner Unit 9, Corner of John Vorster and Marco Polo Drive, Centurion
Telephone number: +27 (0) 12 665 0085
Email address: llani@fia.org.za
Site address: fia.org.za

9.3 The FIA may instruct Third Party Operators from time to time to undertake certain Processing activities relating to the Data Subjects’ Personal Information.

10. Data and/or Personal Information

10.1 The FIA may collect the following data and/or Personal Information from the Data Subject:

10.1.1 Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the Data Subject;

10.1.2 Information relating to the education or the medical, financial, criminal or employment history of the Data Subject;

10.1.3 Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the Data Subject;

10.1.4 The biometric information of the Data Subject;

10.1.5 The personal opinions, views or preferences of the Data Subject;

10.1.6 Correspondence sent by the Data Subject that may implicitly or explicitly be of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

10.1.7 The views or opinions of another individual about the Data Subject;

10.1.8 The name of the Data Subject as it appears with other Personal Information relating to the Data Subject; and

10.1.9 Any other Personal Information that may be provided by the Data Subject to the FIA or obtained by the FIA or required by the FIA in relation to the Data Subject’s use of the Platform.

10.2 The FIA may collect and/or use Cookies on its Platform to:

10.2.1 perform analytics on any of its Platform/s;

10.2.2 distinguish one Data Subject from another on its Platform;

10.2.3 remember the Data Subject’s last session when the Data Subject returns to the Platform;

10.2.4 estimate the Platform’s audience size and usage patterns;

10.2.5 store information about the Data Subject’s preferences, which allows the FIA to customise the Platforms and content according to the Data Subject’s individual preferences; and

10.2.6 speed up searches on the Platform.

10.3 The provisions of clause 10.2 are only applicable to Cookies used by the FIA. In some instances, third-party service providers may use Cookies on the Platforms in which case the FIA shall not be held liable or be responsible for the protection of the Data Subject’s Personal Information.

10.4 A Data Subject has the right and ability to either accept or decline the use of Cookies on its electronic device’s web browser, whether the Data Subject is logged in as a User, or simply casually visiting the Platform. However, declining the use of Cookies may limit the Data Subject’s access to certain features on the Platform.

10.5 The supply of Personal Information by a Data Subject to the FIA is voluntary and not mandatory. However, should the Data Subject refuse to supply any Personal Information, certain consequences may be applicable in such instances, such as preventing the FIA from providing full access and use of the Platform to the Data Subject.

 

11. Purpose/s of Collection and Processing of Personal Information

11.1 The FIA shall only collect and Process the Data Subject’s Personal Information for a specific, explicitly defined and lawful purpose relating to a function or activity of the FIA’s business.

11.2 Such purposes may include the following:

11.2.1 To make the decision whether or not to allow the Data Subject access to the FIA Member Connect Platform;

11.2.2 To display to other Users of the Platform, so as to enable potential connections with other Users and members;

11.2.3 To perform any obligations under a contract with the Data Subject;

11.2.4 To comply with a legal obligation;

11.2.5 To protect a legitimate interest of the Data Subject (unless the Data Subject has specifically objected in writing to all or some of the Processing activities on reasonable grounds);

11.2.6 To pursue its own legitimate interests or the legitimate interests of a third party with whom it is sharing the information (unless the Data Subject has specifically objected in writing to all or some of the Processing activities on reasonable grounds);

11.2.7 To Process Personal Information for direct marketing purposes (unless the Data Subject has opted out of receiving any direct marketing material);

11.2.8 To present content to the Data Subject in the most effective way for the Data Subject and the Data Subject’s viewing device and browser;

11.2.9 To customise and display content including, but not limited to products, articles, listings and advertisement to the Data Subject in a way that the FIA believes may interest the Data Subject or be most beneficial to the Data Subject;

11.2.10 To send content including, but not limited to products, articles, listings and advertisement content to the Data Subject via email or other electronic media, where the Data Subject has consented to be contacted by the FIA with such content;

11.2.11 To enable the Data Subject to voluntarily participate in interactive features on the Site; and/or

11.2.12 To notify the Data Subject about changes to its Platforms.

11.3 The FIA will not sell the Data Subjects’ Personal Information to any third party without the prior written consent of the Data Subject.

12. Method of Collection

12.1 The FIA shall, as far as possible, always collect Personal Information about the Data Subject directly from the Data Subject, except in the following circumstances:

12.1.1 where Personal Information is collected from a public record, or from another source if the information has already been made public by the Data Subject;

12.1.2 where the Data Subject has given their written consent to the FIA to collect the Data Subject’s information from another source;

12.1.3 where the collection of the Data Subject’s Personal Information from another source will not prejudice any of the Data Subject’s legitimate interests;

12.1.4 where the collection of Personal Information from another source is necessary to maintain the FIA’s legitimate interests or those of any third party it intends sharing the information with;

12.1.5 where the collection of Personal Information directly from the Data Subject would prejudice and/or defeat the purpose of the collection; and

12.1.6 where the collection of Personal Information directly from the Data Subject is not reasonably practicable in the circumstances.

12.2 If the FIA collects Personal Information from a source other than the Data Subject, it shall record in writing the details of that source, including the full names and contact details of that source where applicable.

12.3 Personal Information may be collected from or supplied by the Data Subject in any of the following ways:

12.3.1 during the process of registering as a User on the Platform;

12.3.2 provided by the Data Subject as part of the Data Subject’s profile pages on the Platform;

12.3.3 when subscribing to a service, entering into a competition or promotion, or participating in a survey offered on its Platform;

12.3.4 when posting a comment, review, reply or recommendation on its Platform;

12.3.5 when requesting further services or information from the FIA and/or other Users of the Site;

12.3.6 when contacting the FIA to report a problem with the FIA Platform or for any other reason; and

12.3.7 when completing any forms on the FIA Platform.

12.4 The Site’s servers may collect technical information regarding the use of the Site, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the Site. Such information may include details of the Data Subject’s visit, information about the Data Subject’s electronic device, including IP (Internet Protocol) address, operating system and browser type, the Data Subject’s location, and usage information.

12.5 The FIA is entitled to copy, distribute or otherwise use information about a Data Subject without limitation, where a Data Subject will not be identified from or by this information.

13. Compliance when Processing Personal Information

13.1 The FIA shall comply with all laws, contracts and/or regulations when it Processes the Data Subject’s Personal Information.

13.2 The FIA shall not act outside the limitations set by law and this Policy when Processing the Data Subject’s Personal Information. This means that it will collect and Process the Data Subject’s Personal Information in a way that is fair and reasonable.

13.3 The FIA shall respect the Data Subject’s right to privacy at all times. If there is another reasonable and practicable method in which it can achieve the same goal without posing any risk of harm to the Data Subject’s privacy rights, then it will follow same.

13.4 Similarly, if the FIA is required to Process Personal Information and there are reasonably and practicably less privacy-invasive methods of collecting, using and sharing same, then it will implement said methods.

13.5 Not derogating from the above, the Data Subject agrees that the Personal Information collected by the FIA on its Platform is necessary and rationally required by the FIA.

13.6 The FIA shall ensure that the Personal Information that is collected and Processed is and remains relevant to the identified purpose/s for such Processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.

13.7 If there are any reasonable and practicable alternative ways to achieve the identified purpose/s without Processing Personal Information, the FIA shall not Process that Personal Information.

13.8 The FIA shall ensure that the Processing activities it implements are proportionate to achieving the identified purpose/s and that no more reasonable and practicable privacy-invasive measures are available to achieve the same purpose/s.

13.9 The FIA shall ensure that, regardless of the stated purpose/s for Processing Personal Information, the rights and interests of Data Subjects will not be unnecessarily or unreasonably prejudiced or infringed, unless it cannot be avoided, and then in such case, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.

13.10 Once the FIA has achieved the purpose for the collection of the Data Subject’s Personal Information, it will destroy or delete such information insofar as it is reasonable and practicable, unless the Data Subject has directed otherwise in writing, or the FIA is required by law to retain the information for a longer period of time.

13.11 If the FIA is no longer required to Process Personal Information to achieve the purpose originally specified, it will cease to Process that information.

14. Disclosure of Information

14.1 The FIA may, in the course of providing any content or services on its Platform, or for the purposes of concluding or performing any transaction with the Data Subject, share certain Personal Information with Operators who perform specific Processing activities on behalf of the FIA.

14.2 The categories of Operators with whom it is shared are set out below:

14.2.1 Service providers who provide the FIA with legal assistance, accounting or auditing services, payroll services and/or other services utilised to effectively operate the FIA’s business;

14.2.2 Service providers who provide the FIA with marketing assistances, such as for surveys, bulk email delivery providers, events and other marketing initiatives; and

14.2.3 Any other service provider employed by the FIA to achieve its purposes.

14.3 The FIA may also share aggregated information about the Data Subject, and its usage patterns. The FIA may also use such aggregated information to help advertisers target specific audiences. Such aggregated information will be de-identified, and the Data Subject’s Personal Information will not be disclosed.

14.4 Other than as stated in this clause, the FIA shall not share the Data Subject’s Personal Information with any third parties unless it has the Data Subject’s express consent to do so.

15. Data Subject’s Rights

15.1 The Data Subject shall have the following rights in relation to the Processing of their Personal Information:

15.1.1 to access and correct any Personal Information held by the FIA about them;

15.1.2 to object to the Processing of their information; and

15.1.3 to lodge a complaint with the Information Regulator.

15.2 The Data Subject may make a request in relation to this clause by following the Process as set out in the FIA’s PAIA manual.

16. Further Processing

16.1 The FIA shall not Process the Data Subject’s Personal Information for any purpose not previously specified except in the following circumstances:

16.1.1 where the Data Subject has consented to such further Processing;

16.1.2 where the further Processing is necessary for the exercise of any contractual rights or the fulfilment of any obligations between the FIA and the Data Subject;

16.1.3 where the further Processing activities are linked to or compatible with the original purpose;

16.1.4 where the further Processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;

16.1.5 where the further Processing is necessary to enforce any law;

16.1.6 where the further Processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;

16.1.7 where the further Processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of the Data Subject or another individual;

16.1.8 where the further Processing is necessary for historical, statistical or research purposes.

16.2 The FIA shall ensure that if it intends Processing Personal Information for other purposes not previously specified or linked to the circumstances set out above, it shall notify the Data Subject of such further purposes insofar as it may be reasonable and practicable and the possible consequences of the intended further Processing for the Data Subject.

17. Accuracy, Correctness, and Completeness of Personal Information

17.1 The FIA shall take reasonably practicable steps to ensure that the Personal Information kept by it about the Data Subject is complete, accurate, not misleading and is updated when necessary. The Data Subject has access to the system and acknowledges that the accuracy of their own information remains the responsibility of the Data Subject.

17.2 However, if the Data Subject is aware of any Personal Information in the FIA’s custody that is incorrect, inaccurate or which needs to be updated, the Data Subject must make a written request to the FIA’s information officer at lizelle@fia.org.za to update or correct the relevant information.

17.3 The FIA reserves its right to only adhere to a request from the Data Subject in terms of this clause if the correction or updating of that information will result in the Personal Information being correct and accurate.

17.4 Where Personal Information that has been shared by the FIA with a third party is subsequently updated or corrected, the FIA shall ensure that all third parties, with whom that information was shared and are still utilising such information at that point in time, receive the updated and/or corrected version of the information as soon as it has been updated and/or corrected.

18.  Security Safeguards

18.1 The FIA is committed to protecting the Personal Information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.

18.2 The FIA takes steps to continually identify and document any risks to the Personal Information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.

18.3 The FIA shall ensure that any contracts entered into with Operators who Process Personal Information on its behalf, include the following obligations:

18.3.1 the Operator shall not Process any Personal Information without the FIA’s knowledge and authority;

18.3.2 the Operator shall treat all Personal Information given to it as confidential and shall not disclose it to any unauthorised third parties;

18.3.3 the Operator shall establish and maintain adequate security measures which are the same or offer similar protection over the Personal Information as that employed by the FIA;

18.3.4 the Operator shall notify the FIA immediately where there are reasonable grounds to believe that any Personal Information has been leaked to or accessed by any unauthorised person;

18.3.5 if the Operator is situated in another country, it must comply with the data protection laws in that country, in addition to complying with the provisions of POPIA, and be able to provide verification that it is so compliant;

18.3.6 if an Operator is legally obliged to disclose any Personal Information Processed by them on the FIA’s behalf to other parties, it must notify the FIA beforehand to enable the FIA and/or the Data Subject to protect the Data Subject’s rights if necessary.

18.4 The Data Subject must maintain the secrecy of any passwords used to gain access to the FIA Member Connect Platform and the Data Subject should change such passwords regularly.

18.5 The FIA shall ensure that all Personal Information on its systems is properly backed-up and that backup copies are stored separately from the live files.

18.6 As the Internet is not a secure medium of communication, the FIA cannot guarantee the security of any information the Data Subject may create, input or share on its Platform or send to the FIA via the Internet. The FIA is not, and will not be, responsible for any damages the Data Subject or others may suffer as a result of the loss of confidentiality of any such information.

19. Notification of Breach of Security

19.1 If Personal Information about the Data Subject is inadvertently leaked or the FIA’s security has been unlawfully breached by any unauthorised party, the FIA shall immediately identify the relevant User(s) who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest reasonable means possible.

19.2 The FIA shall provide sufficient information to the Data Subject to allow the Data Subject to take the necessary protective measures against the potential consequences of the compromise or shall advise the Data Subject of the steps to be taken by the Data Subject and the possible consequences that may ensue from the breach for the Data Subject.

19.3 The obligations of the FIA in terms of this clause are limited to the obligations set out in this regard in the POPI Act.

20. Decisions Based on Personal Information Processed

20.1 If the FIA is required to make a decision about the Data Subject using any Personal Information that has been obtained, it shall ensure that a record of such information and the decision made is kept for a reasonable period of time to give the Data Subject an opportunity to request access to that record.

20.2 The FIA may allow the Data Subject a reasonable opportunity to make representations before any decision is made solely on the basis of the Personal Information Processed, if that decision will affect the Data Subject’s legal position, or will otherwise adversely affect the Data Subject in some manner or form.

20.3 The FIA shall always ensure that the underlying logic behind any decision made pursuant to the automated Processing of Personal Information is sound and that this underlying logic may be able to be communicated to the Data Subject to enable the Data Subject to make representations.

20.4 If the FIA has made a decision based on incorrect Personal Information, it shall immediately revisit that decision as soon as it receives notice or becomes aware of the error or inaccuracy of such information.

21. Linked Third Party Sites

21.1 The FIA’s Platform may contain links or references to other websites, including those of advertisers ("third party sites") which are not under the FIA’s control.

21.2 The provisions of this Policy are not applicable to third party sites and the FIA shall not be responsible for the information Processing practices and/or privacy policies of those third-party sites, or the Cookies that those websites may use.

22. Direct Marketing

22.1 The Data Subject hereby consents to the Processing of the Data Subject’s Personal Information for the purpose of direct marketing by means of electronic communications including automatic calling machines, facsimile machines, SMS's or electronic mail.

22.2 Where the Data Subject is a pre-existing customer of the FIA, the FIA shall be entitled, without the Data Subject’s consent, to send electronic communications to the Data Subject for the purpose of marketing similar products or services offered by the FIA.

22.3 The Data Subject may object, free of charge, and without unnecessary formality, to the use of their details either when the information was first collected from the Data Subject or when each subsequent electronic communication is sent to the Data Subject by the FIA.

22.4 The Data Subject can opt out of receiving further marketing communications by contacting the FIA at questions@fia.org.za

23. Minors’ Personal Information

23.1 The FIA does not knowingly Process any Personal Information relating to a natural person under the age of 18 years. If the FIA’s Platforms are being accessed by the parent or guardian of a child under the age of 18 years, and Personal Information pertaining to that child is being provided by the parent or guardian, then they hereby expressly consent to the FIA Processing such information according to the further provisions of this Policy.

24. Cross Border Transfers of Personal Information

24.1 Subject to the specific provisions set out in this Policy, including clause 24.2.6 below, the FIA does not intend on sharing the Data Subject’s Personal Information with a third party in another country.

24.2 The FIA may transfer Personal Information to another country in the following circumstances, to which the Data Subject consents:

24.2.1 the transfer is necessary for the performance of a contract that the FIA has with the Data Subject or the performance of services offered by the FIA to the Data Subject;

24.2.2 the transfer is necessary for the implementation of pre-contractual measures taken in response to the Data Subject’s request;

24.2.3 the transfer is necessary for the conclusion or performance of a contract with a third party which is for the benefit of or in the interest of the Data Subject;

24.2.4 the transfer is otherwise for the benefit of the Data Subject;

24.2.5 the Data Subject has consented to the transfer of its information; or

24.2.6 to store the Data Subject’s Personal Information electronically in a secure database, which shall be done by electronically transmitting the Data Subject’s Personal Information via a secure connection to, and storing the Data Subject’s Personal Information electronically in, a secure database hosted in an ISO27001, or its amended/updated equivalent, certified environment. The Data Subject’s Personal Information may be hosted with an offshore hosting partner, or a local off-site hosting partner of similar standard, where either of these options are to be compliant with directives which provide data protection which is at least as protective as POPIA , as selected by the FIA from time to time.

24.3 The service providers to which the FIA discloses the Data Subject’s Personal Information in terms of this Policy/or any other FIA agreement have the right to electronically transmit the Data Subject’s Personal Information via a secure connection to, and store the Data Subject’s Personal Information electronically in, a secure database hosted outside South Africa, provided they have security and privacy policies and procedures providing at least the same level of protection as the FIA does.

25. Retention of Information

25.1 The FIA will keep a record of any Personal Information collected for no longer than is necessary to achieve the specific purpose for which it collected such information in the first place unless:

25.1.1 it is required by law to keep a record of such information for a longer period of time; or

25.1.2 it needs to keep a record of such information for another lawful purpose; or

25.1.3 it has a contractual obligation to keep a record of such information; or

25.1.4 the Data Subject has consented to their information being kept for a longer period.

25.2 The FIA may, if it has de-identified Personal Information, keep such information for historical, statistical or research purposes. The FIA shall ensure that appropriate safeguards are in place to prevent those records from being used for any other purposes, or against the information being re-identified.

26. Information Security

26.1 The FIA is legally obliged to provide adequate protection for the Personal Information it holds and to stop unauthorised access and use of Personal Information. The FIA, on an ongoing basis, continues to review its security controls and related processes to ensure that its Data Subject’s Personal Information is secure.

26.2 When the FIA contracts with third parties, it imposes appropriate security, privacy and confidentiality obligations on them to ensure that Personal Information that it remains responsible for, is kept secure.

27. Returning, Destroying and/or Deleting Personal Information

27.1 Where the FIA is no longer authorised to retain a record of any Personal Information, it shall either:

27.1.1 ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or

27.1.2 return the information to the Data Subject or transfer it to a third party, if requested by the Data Subject in writing to do so.

28. Consent

28.1 The Data Subject hereby consents to the Processing of the Data Subject’s Personal Information in terms of the provisions of this Policy.

28.2 The Data Subject acknowledges and agrees that such consent has been given voluntarily after the Data Subject has read and understood the provisions of this Policy, in particular, regarding the following:

28.2.1 the types of Personal Information to be Processed;

28.2.2 the specific Processing activities to be undertaken;

28.2.3 the specific purpose/s for such Processing; and

28.2.4 the possible consequences for the Data Subject that may arise from such Processing.

28.3 Should the Data Subject wish to withdraw any consent previously given by the Data Subject, the Data Subject must notify the FIA’s information officer in writing. The Data Subject has the right to withdraw any consent at any time, demand that the Processing of their Personal Information be terminated and the gathered Personal Information be deleted or closed and that the FIA User account be closed, provided that the Data Subject does not have any ongoing activity on the Site.

29. Lodging an Objection

29.1 The Data Subject may, on reasonable grounds, object to the Processing of the Data Subject’s Personal Information at any time after that Processing has commenced.

29.2 If the Data Subject wishes to object to the Processing of their Personal Information, the Data Subject must send written notice of their objection to FIA’s information officer, together with reasons of such objection.

30. Amendment of this Policy

30.1 The FIA reserves the right to change, update, add, remove and/or amend any of the provisions of this Policy from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on its Platforms.

30.2 It is the Data Subject’s obligation to periodically check the provisions of this Policy for any such changes, updates, additions, removals or amendments.

30.3 The Data Subject’s continued use of the FIA’s Platform following any changes, updates, additions, removals or amendments to this Policy will be considered notice of the Data Subject’s acceptance to abide by and be bound by this Policy, as amended.

31. Contact

31.1 For more information on the Data Subject’s rights to privacy over their Personal Information, or the information Processing activities of the FIA, please do not hesitate to contact us directly at questions@fia.org.za.

32. Document Control

Amendments to this Policy will take place on an ad hoc basis. Data Subjects are advised to check the policy periodically to inform themselves of any changes.

REVISION NUMBER	PAGE NUMBER/S	CHANGE EFFECTED	DATE OF ISSUE