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Excellerate Brand Management Privacy Statement

1. INTRODUCTION

1.1. Excellerate Brand Management (Pty) Limited (“Excellerate”) is a company that renders various marketing, brand
management and non-GLA management services. We respect your privacy and are committed to keeping your
personal information secure and confidential.
1.2. 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.
1.3. Important: If you use our services (or partake in the services rendered on behalf of our clients), you agree that we may process your personal information or the information of your customers as explained under this Privacy Statement. In the relevant agreement or terms and conditions pertaining to those services, 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 AND OPERATOR

2.1. The legal entity within Excellerate that collected personal information from you on behalf of a client (i.e. the
responsible party) will be the operator for purposes of your personal information. As the operator, we will ensure
that your personal information is safeguarded in compliance with the requirements of POPIA.
2.2. This privacy statement applies to all companies within Excellerate that are domiciled in South Africa. These
companies and their addresses are as follows:
Excellerate Brand Management (Pty) Ltd 3A Summit Road, Dunkeld West, Johannesburg, 2196
2.3. 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 Bradley.Wise@epsgroup.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 for the purpose of rendering services to our clients.
3.2. Depending on the type of services we render for you as a client or the relationship you have with us as a customer
of our clients, 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
  • spouse, beneficiary and dependents information, marital status (for employment purposes)
  • information relating to education, financial, criminal or employment history of a person
  • employee health information including biometric information
  • identifying numbers such as identity or passport number, tax identification numbers or tax reference numbers
  • e-mail address
  • physical address
  • telephone number
  • financial data such as banking details, credit bureaux information, insurance details, outstanding loan balance,
    arrears information
  • transaction data such as payments to and from you and other details of services to you.

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 antimoney-
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. Business Units within Excellerate that need to process the personal information of children will do so if the law
permits this. In the normal course of 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 services that they have requested and to notify them of important changes to such services, we need to collect, use and disclose the personal information of customers, 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 in terms of our contractual obligations 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, that require us to process your personal information. This includes verifying your identity or the identity of your beneficial owner and/or controlling persons.
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.
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 form or mandate;
4.5.2. Evaluate your current and future needs and to suggest further services to you;
4.5.3. Evaluate and improve the effectiveness of our services and offerings;
4.5.4. 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);
4.5.5. For operational purposes;
4.5.6. Verify your identity for security purposes;
4.5.7. 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;
4.5.8. Use in connection with legal proceedings;
4.5.9. 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;
4.5.10. Conduct statistical and any operational, marketing, auditing, legal and record-keeping requirements;
4.5.11. 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);
4.5.12. Assess and resolve any complaint;
4.5.13. Perform any risk analysis or for purposes of risk management to you or our business in general;
4.5.14. 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
4.5.15. 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 unauthorised representative of the data subject, for example when an application form, is completed (whether
electronically or on hard copy).
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. affiliates in the Excellerate Group;
5.2.2. client due diligence tools, and through identity verification and bank verification processes;
5.2.3. sanction screening tools (which may include any sanction list we may determine in our sole discretion);
5.2.4. collection of personal information by requesting information on source of funds;
5.2.5. credit and fraud checks;
5.2.6. consumer credit information as defined in the National Credit Act, Act No. 34 of 2005 from registered credit bureaux;
5.2.7. via electronic interaction with us through our website or mobile application (internet address and server
5.2.8. tracing agents; and
5.2.9. 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. 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 forensic investigation service
(internal or external), a service provider providing administrative support services or accounting services to you or
us. 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 antimoney
laundering legislation with our responsible parties. We may share personal information within Excellerate
for purposes of enhanced due diligence processes in compliance with anti-money laundering legislation to establish
whether a client exists and has been verified by other Excellerate business units.
6.4. We may share the personal information of clients with affiliates of Excellerate for purposes of gathering
management information (business intelligence).

7. THIRD PARTY COUNTRY TRANSFER

7.1. This privacy statement only applies to those companies within Excellerate that are incorporated in South Africa and
operate in South Africa. Your information will therefore primarily be processed in South Africa.
7.2. 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 be processed for cloud
storage purposes or through the use of any of our websites, be transferred or processed outside of the Republic of
South Africa.
7.3. 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 endeavours 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 to the ones you are contracted for and that
we think you may be interested in or in relation to similar transactions or existing relationships that have been
concluded with our clients. We may also provide you with newsletters and market insights as part of our valueadded
client experience.
8.2. We share personal information with affiliates in Excellerate (subject to applicable law and your indicated marketing
preferences) so that they may offer you their services.
8.3. 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 the relevant contact
centre or client relationship manager, 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; and
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

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. 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 Regulatory
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

27 Stiemens Street,
Braamfontein,
Johannesburg,
2017

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 June 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.

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Contact Us

Excellerate on Summit,
3A Summit Road, Dunkeld West
Gauteng
2196

Tel: 011 911 8000