DATA PROTECTION POLICY
Fincamp Proprietary Limited (“Fincamp”) respects your privacy and are committed to protecting your Personal Information. As a company domiciled within the Republic of South Africa and which engages with the processing of Personal Information in the normal course of its business, it is Fincamp’s duty to comply with the Protection of Personal Information Act No. 4 of 2013.
Protecting the personal rights and privacy of each individual is at the core of the foundation of trust in our business relationships and of Fincamp’s reputation as an attractive and responsible employer. We recognize the need for appropriate safeguards and management practices in relation to the collection and use of your Personal Information.
We want to ensure that you understand what information we collect about you and how we use it. This Privacy Policy sets out the principles Fincamp follows when we collect and process your Personal Information through your use of our website or when you otherwise engage with Fincamp and it applies to our candidates, clients, suppliers, website-users and anyone who participates in our programs or similar activity.
Our website is not intended for children and we do not knowingly collect data relating to children.
We may amend this Privacy Policy from time to time so please visit our website occasionally to ensure that you understand any amendments. If we need your consent to process your Personal Information in a different way, we will seek your permission in advance.
Unless specified otherwise in this Privacy Policy, Fincamp is the responsible party for your Personal Information which means that Fincamp decides why and how your Personal Information is processed.
INFORMATION OFFICER
Our Information Officer is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise any of your legal rights, please contact the Information Officer using the details set out below.
CONTACT DETAILS
Our full details are:
Fincamp Proprietary Limited
44 Melrose BLVD
Melrose Arch
Birnam
2076
Contact Name: Thandeka Buthelezi
Contact Number: +27 67 662 0540
What Personal Information We Collect and How We Collect
“Personal Information” is any information about an individual from which that person can be identified. It might include your name, mailing address, email address, telephone number, company title, site username or site password. It does not include data where the identity has been removed (anonymous data).
We collect, store and process your Personal Information by different methods depending on whether you are a candidate, client, supplier or website user.
WHERE YOU ARE A CANDIDATE:
You may be a past candidate or a candidate in process or you may have participated in our recruitment processes or other similar events.
How we collect your data:
You may provide Personal Information to us by email, post, telephone, face to face during meetings, interviews or at our events or through our website; or
We may collect your data indirectly or from third parties: through recruitment agencies, social media searches (such as LinkedIn), research companies, client or supplier conversations, or referrals from other third parties.
What data we collect:
The Personal Information we collect about candidates includes, but is not limited to: first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender, right to work, nationality, employment and education history, skills proficiency, references, or qualifications information contained in your resume/CV, or written records of our conversations or meetings.
We do not mandate the collection of any special categories of Personal Information about you through our website (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) (“Special Category Personal Information”).
We will ask for your explicit consent before we collect Special Category Personal Information, except in circumstances:
• where required by law;
• for employment purposes; or
• where required to carry out criminal or other background checks.
WHERE YOU ARE A CLIENT:
When you are enquiring about or using our services we collect and use information to understand your requirements, discuss our contract, provide training or consultancy services or to share Fincamp content which is likely to be relevant and useful to you.
How we collect your data:
You may provide Personal Information to us by email, post, telephone, face to face during meetings or through our website; or
We may collect it from your colleagues, social media, our network of contacts, others who may know you, event delegate lists or third-party market research.
What data we collect:
Data we collect includes the Personal Information of individual contacts who we deal with at your organisation such as: name, job title, management level, business relationships, memberships, work history, work address, telephone numbers, and email address or written records of our conversations or meetings.
WHERE YOU ARE A SUPPLIER OR A CONSULTANT:
When supplying services to us or contracting with us we need certain information so that we can receive and pay for the services you provide.
How we collect your data:
You may provide Personal Information to us by email, post, telephone, face to face or to our website.
What data we collect:
This includes your Personal Information (if an individual) or otherwise the Personal Information of individual contacts we engage with at your organisation such as: name, job title, work address, telephone numbers, email address or written records of our conversations or meetings.
WHERE YOU ARE A WEBSITE USER:
When you are using our website, which may include when you download content or contact us via our website.
How we collect your data:
You may provide Personal Information by completing online registration forms, by applying for roles via our website, or when you create or update any of your marketing preferences;
We may collect your data automatically via cookies, in line with cookie consent, server logs and other similar technologies preferences and settings in your browser.
What data we collect
We collect the information you provide which may include your name and contact details, address details, email address and telephone number. In addition, we collect a limited amount of data which we use to help us to improve your experience when using our website and to help us manage the services we provide. This includes information on how you use our website and the location you view our website from (IP address).
HOW WE USE YOUR PERSONAL INFORMATION
We collect, process or disclose your Personal Information for our legitimate business purposes including:
• To provide services to our clients, candidates or web users or to fulfil our contractual obligations;
• To maintain our business relationships;
• To market events, promotions, competitions, webinars, reports, our services, news or relevant industry updates. We may be required to give you an option to “opt-in” and we will always provide you with an option to “opt-out” with each marketing communication;
• As required by law or regulation;
• Data analysis, audits, fraud monitoring and prevention;
• To develop new products, services and offerings, or to enhance, improve or modify our products and services; or
• To record your usage of our website in accordance with our cookie policy.
WHAT IS THE LEGAL BASIS FOR PROCESSING YOUR DATA
We rely on the following main grounds to process Personal Information of clients, suppliers, web users or other third parties:
• Necessary for entering into, or performing, a contract – to perform obligations that we undertake in providing a service to you, or to take steps at your request to enter into a contract with us;
• Necessary for compliance with a legal obligation – we are subject to certain legal requirements which may require us to process your Personal Information. We may also be obliged by law to disclose your Personal Information to a regulatory body or law enforcement agency;
• Necessary for the purposes of Legitimate Interests – we, or a third party, will process your Personal Information for the purposes of our (or a third party’s) Legitimate Interests, provided we have established that those interests are not overridden by your rights and freedoms, including your right to have your Personal Information protected. Our “Legitimate Interests” include responding to requests and enquiries from you or a third party, optimizing our website and customer experience, informing you about our products and services and ensuring that our operations are conducted in an appropriate and efficient manner;
• Consent – in some circumstances, we may ask for your consent to process your Personal Information;
• Necessary to protect the vital interests of the data subject or of another natural person.
CHANGE OF PURPOSE
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at thandib@fincamp.co.za.
If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so or seek your consent, providing you with a clear, conspicuous and readily available mechanism for you to exercise choice.
Please note that we may process your Personal Information without your knowledge or consent where this is required or permitted by law.
HOW WE SHARE YOUR PERSONAL INFORMATION
We will not sell or rent to anyone the Personal Information provided to us or obtained by us.
In certain circumstances we will share your Personal Information with other parties. When we do, we take responsibility and bear liability for such sharing in accordance with this Privacy Policy and applicable law.
WE ALSO SHARE YOUR PERSONAL INFORMATION WITH THE FOLLOWING THIRD PARTIES:
• Service providers acting as processors who provide IT and system administration services;
Professional advisers with a professional or contractual obligation to maintain the confidentiality of the Personal Information;
• Regulators and other authorities;
• Trusted third parties who provide employment related services for us, including reference, qualification, and criminal record checking (where required), evaluation or skills tests. In such circumstances we may disclose Special Category Personal Information; or
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. If a change happens to our business, then the new owners may use your Personal Information in the same way as set out in this Privacy Policy.
We require all third parties to respect the security of your Personal Information and to treat it in accordance with applicable laws. We do not allow our third party service providers to use your Personal Information for their own purposes and only permit them to process your Personal Information for specified purposes and in accordance with our instructions.
We also collect, use and share aggregated data such as statistical or demographic data for purposes which include monitoring how we are doing against our diversity and equality targets. Aggregated data is not Personal Information as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Personal Information where we are required by law to report on mixes of religious beliefs or political opinions or affiliations.
DATA SECURITY
Fincamp uses industry standard physical, technical, and administrative controls to protect your Personal Information by:
• Not collecting or retaining excessive amounts of data;
• Protecting Personal Information from loss, misuse, unauthorised access and disclosure. Any employees, agents, contractors or third parties who are so authorised act on our instructions and are subject to a duty of confidentiality;
• Keeping Personal Information up to date;
• Storing and destroying it securely;
• Ensuring that appropriate administrative, technical and physical safeguards are in place to protect Personal Information. These measures include measures to deal with any suspected data breach; and
• Regularly reviewing our information collection, storage and processing practices, including physical security measures.
While we operate to the highest standards we are also aware that the transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our website and any transmission is at your own risk. Where we have given you (or where you have chosen) a password which enables you to access any of our online or electronic resources, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
You should note that this website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their content or privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
COOKIES
Fincamp uses “cookies” on its sites. A “cookie” is a piece of data stored on a site visitor’s system that help us improve your access to our site and identify repeat visitors to our site.
Cookies can also enable us to track and target the interests of our users to enhance their experience on our site. Except where 1) contacts elect to identify themselves for purposes of receiving information from Fincamp or inquiring as to a business relationship with Fincamp or 2) candidates elect to establish and use an account to apply to Fincamp and employment opportunities with Fincamp, cookies are not linked to any personally identifiable information.
You can disable or remove any cookies already stored on your computer, but these may stop our websites from functioning properly.
DATA RETENTION
Where we collect your Personal Information, the length of time for which we retain it depends on the type of data, the purpose for which we use that data and our accounting, regulatory and legal data retention obligations. We do not retain Personal Information in an identifiable format for longer than:
• the period necessary for the relevant activity or services;
• any retention period that is required by law or contract; or
• the period in which litigation or investigations might arise in respect of the relevant activity or services,
after which, it is likely your Personal Information will no longer be relevant for the purposes for which it was collected and we will delete or destroy it.
In some circumstances we may anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
YOUR LEGAL RIGHTS
Under certain circumstances, you have the right to:
• Request access to your Personal Information. This enables you to receive a copy of the Personal Information we hold about you and to check that we are lawfully processing it;
• Request correction of the Personal Information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
• Request erasure of your Personal Information. This enables you to ask us to delete or remove Personal Information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your Personal Information where you have exercised your right to object to processing. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request;
• Object to processing of your Personal Information where we are relying on a Legitimate Interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes
• Request the restriction of processing of your Personal Information. This enables you to ask us to suspend the processing of Personal Information about you, for example if you want us to establish its accuracy or the reason for processing it; and/or
• Request the transfer of your Personal Information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your Personal Information, or request that we transfer a copy of your Personal information to another party, please contact us by email at thandib@fincamp.co.za.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your Personal Information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that Personal Information is not disclosed to any person who has no right to receive it.
RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your Personal Information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please send us email at thandib@fincamp.co.za. Once we have received notification that you have withdrawn your consent, we will no longer process your Personal Information for the purpose or purposes you originally agreed to, unless we have another legitimate legal basis for doing so.
OUR RESPONSE TIMESCALES
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is incomplete and we need to write to you for more information or is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.
HOW TO MAKE A COMPLAINT
Data privacy laws are constantly evolving and we endeavour to maintain best practice. However, we recognise that we may not always get it right and if you are not satisfied in the way we handle your Personal Information or you wish to discuss our processes then we would like to hear from you.
FINCAMP COMPLAINT PROCESS
If there is something which we have not done correctly with your Personal Information then we would appreciate the chance to deal with your concerns before you approach an information regulator so please contact us in the first instance – thandib@fincamp.co.za.
INFORMATION REGULATOR
In any case, you have the right to make a complaint at any time to the information regulator, which is the South African authority for data protection issues.
