Koinexpert Privacy Policy

1. General

1.1
This Privacy and Personal Information Policy (hereinafter, “the Policy”) applies in respect of the products and services rendered by KoinExpert (Pty) Ltd, a limited liability company duly registered in terms of the company laws of South Africa under Registration Number 2020/649157/07 (hereinafter, “KoinExpert”).
1.2
The aforesaid products and services include, but are not limited to KoinExpert, and/or its sub-divisions’ and/or its partners’ websites, related blog, forum, mobile application and any other related offering under the brand’s moniker.
1.3
KoinExpert strives to adhere to strict compliance with inter alia the Electronic Communications and Transactions Act, No. 25 of 2002 (hereinafter, “ECTA”) and the Protection of Personal Information Act, No. 4 of 2013, as amended (hereinafter, “POPIA”).
1.4
The Policy acts to supplement the general Terms and Conditions of KoinExpert, and should be considered alongside it accordingly.
1.5
In this Policy, where reference is made to the singular, the plural is included by consequence.
1.6
KoinExpert will not collect, use or process any “special personal information” as defined in Section 26 of POPIA.
1.7
KoinExpert will not in any circumstances process personal information of any client under the age of 18 (eighteen). KoinExpert’s clients are urged not to provide it with such information, the provision of same will constitute a breach of this Policy, and the relevant Terms and Conditions associated thereto.
1.8
KoinExpert’s duly appointed Information Officer is:
1.8.1
Name: Ardi Coetzee
1.8.2
Direct email address: Ardi@koinexpert.com
1.8.3
Direct contact number: +27 (0) 72 994 8745
1.8.4
Postal address: 26 Black Eagle Road, Onrus, Hermanus, Western Cape, 7201.
1.9
KoinExpert’s full registered details are: -
1.9.1
Registered name: KoinExpert Arbitrage Services (Pty) Ltd
1.9.2
Company Registration number: 2020/649157/0
1.9.3
E-mail address: Ardi@koinexpert.com
1.9.4
Contact number: +27 (0) 72 994 8745
1.9.5
Postal address: 26 Black Eagle Road, Onrus, Hermanus, Western Cape, 7201.
1.10
KoinExpert’s clients at all times retain their rights to make a complaint with the South African Information Regulator’s Office (hereinafter, “the Information Regulator”), who’s resources and contact information are available at: http://www.justice.gov.za/inforeg/
1.11
Where a client does have concerns relating to any product and/or service provided by KoinExpert, KoinExpert would appreciate the opportunity to deal with the concern’s internally by way its Information Officer, prior to making a complaint to the Information Regulator.
1.12
KoinExpert may include links to third-party websites, plug-ins and built-in applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. KoinExpert does not control, nor hold contractual arrangements with these third-party websites and are not responsible for their privacy statements or terms. When you leave KoinExpert’s website, or engage with such third parties, the client is encourage and directed to the distinct privacy policy of every third-party the client engages with.
1.13
By using any of KoinExpert’s products and/or services as described in clause 1.2. above, you hereby tacitly agree and consent, insofar as is lawful under POPIA to the terms of the Policy. Furthermore, if any additional consent is lawfully required, same will expressly be requested as set out hereunder.
1.14
This Policy was last updated on: 13 November 2020

2. Definitions

2.1
In the Policy, the following words bear the following meanings: -
2.1.1
“client” means any person or entity (whether natural or juristic) that makes use of or purchases any product or service sold or offered by KoinExpert. It may further for purposes of KoinExpert’s products and/or services assume the meaning of “user”, and the normal dictionary definition associated thereto. In this Policy, “client” specifically further assumes the meaning ascribed to “data subject” as per Section 1 of POPIA, namely “the person to whom personal information relates”.
2.1.2
“data subject” means what is ascribed thereto in Section 1 of POPIA, which definition is incorporated herein accordingly. For purposes of this Policy, this definition specifically refers to the client;
2.1.3
“information officer” means what is ascribed thereto in Section 1 and Section 17, respectively, of POPIA, which definition is incorporated herein accordingly. KoinExpert’s information officer’s details and appointment are articulated herein.
2.1.4
“KoinExpert” means the registered limited liability company described in clause 1.9 above, and further any and all of its sub-divisions’, partners and/or websites, related blogs, forums, mobile applications and any other related offering under the brand’s moniker.
2.1.5
“operator” means what is ascribed thereto in Section 1 of POPIA, which definition is stated as “a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party.”;
2.1.6
“personal information” means what is ascribed thereto in Section 1 of POPIA, which definition is incorporated herein accordingly;
2.1.7
“process or processing” means what is ascribed thereto in Section 1 of POPIA, which definition is incorporated herein accordingly;
2.1.8
“product or service” means any commercial offering by KoinExpert that falls into the normal, dictionary definition of each term respectively. Notwithstanding the generality of the aforegoing, in this Policy “product or service” specifically includes KoinExpert, its sub-division or its partners’ financial service offering, websites, related blog, forum, mobile application and any other related offering
2.1.9
“responsible party” means what is ascribed thereto in Section 1 of POPIA, which definition is stated as “a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information.”;
2.1.10
“third party” means any party that does not generally fall within the various relationships and roles of the data subject, responsible party and/or operator. This further assumes its normal dictionary definition for all other purposes.
2.1.11
“website” means the KoinExpert website available at https://www.koinexpert.com/ and further any and all products and/or services that flow from it.

3. The Roles of Koinexpert

3.1
KoinExpert, in some circumstances, will assume the role of the “responsible party”, and accordingly will be and is responsible for your personal information. In this role KoinExpert will make decisions in respect of the processing operations concerning the client’s personal information. This role is applicable in relation to all persons or entities accessing any of KoinExpert’s products and/or services.
3.2
KoinExpert, in some circumstances, will also assume the role of the “operator” of personal information on behalf of a third-party responsible party, where that responsible party’s privacy terms will apply. This role is applicable in relation to all persons or entities accessing any of KoinExpert’s products and/or services.
3.3
KoinExpert has appointed a data representative, called the “Information Officer”, who is responsible, amongst other things, for overseeing questions relating to this Policy. Should a client have any questions about this Policy, including requests in exercise any legal right, or this Policy in general, the client is urged to contact the Information Officer at the details as set out above.

4. When is Information Collected

4.1
KoinExpert will collect clients’ personal information when the client: -
4.1.1
contract with KoinExpert in respect of its products and/or services, including but not limited to, via KoinExpert’s website, app, email, messaging service or over the phone;
4.1.2
when clients access the KoinExpert website. The website uses cookies, which are provided for in greater detail below;
4.1.3
when clients register for the KoinExpert newsletter or subscribe to the KoinExpert forums;
4.1.4
when clients have engaged with KoinExpert’s sales representatives or account managers during presentations, conferences or roadshows;
4.1.5
when clients contact KoinExpert directly or alternatively partake in any survey hosted by KoinExpert;
4.1.6
when clients contact our customer service team, attend live events, online events or engage over the phone; and/or
4.1.7
when clients engage with KoinExpert on social media, by way of “mentioning” or “tagging” or “direct messaging”.

5. Information Collected

5.1
Upon a client registering with KoinExpert and/or assuming the role of a user on KoinExpert’s website and/or use any of KoinExpert’s products and/or services, the client thereby accordingly expressly consents to, and “opts-in” to KoinExpert’s collecting, collating, processing, and using the following types of information about the client when the client uses the services of KoinExpert (hereinafter, “personal information”): -
5.2
Information provided by the client or from the client’s authorised responsible party
KoinExpert processes personal information, as defined above, and which in this Policy specifically includes information about the client that is personally identifiable, such as the client’s first name(s), surname, initials, title, gender, ID number, date of birth, country of birth, nationality, physical address, tax number, cellphone number, email, occupation, employer name, employer industry, designation, monthly income, source of funds, bank details, service preferences and contact preferences that are not otherwise publicly available;
5.3
KoinExpert either processes the aforesaid personal information as its own responsible party, or which is received from another responsible party to who the client has provided its personal information with and given the requisite permission that it be shared with KoinExpert as an operator in respect thereof; and
5.4
Automatically collected information and Cookies
KoinExpert receives and stores information which is transmitted automatically from the client’s computer when the client browses the internet. This information includes information from so-called “cookies” (which are described in clause 8 below), the user’s Internet Protocol or “IP” address, browser type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
5.5
Should the client’s personal information change, it is the client’s obligation to provide KoinExpert with updates to the client’s personal information as soon as reasonably possible to enable KoinExpert to update it accordingly and adhere to the principles of data-accuracy as enumerated in POPIA. KoinExpert will, however, not be able to update any personal information of the client attained from another responsible party. In such circumstances, where the client wants to update same, the client must approach the relevant responsible party to do so.
5.6
Warranties in respect of information accuracy
Accordingly, KoinExpert is under no obligation to ensure that the client’s personal information or other information as supplied by the client is correct, merely that it is kept up-to-date as requested from time to time by the client.
5.7
The client warrants that the personal information disclosed to KoinExpert is derived directly from the client itself, assuming the role as the user on the website, product and/or service, or in connection to the website, product and/or service. Further that all personal information is lawfully the client’s to provide.
5.8
The client also warrants that any personal information provided to KoinExpert from a third-party responsible party, was attained from the client lawfully and provided to KoinExpert with the client’s express consent to said third-party responsible party to do so.
5.9
The client may choose to provide additional personal information to KoinExpert, in which event the client agrees to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the client’s affiliation with anyone or anything.

6. Mechanics of Information Collection and Processing

6.1
Any collecting and processing of a client’s personal information will only be conducted to the extent necessary to promote KoinExpert’s legitimate business purposes and give effect to the necessary functioning of KoinExpert’s products and/or services together with clients’ engagement with said products and/or services.
6.2
By utilising any of KoinExpert’s products and/or services, a client is presumed to have expressly consented to the collecting and processing of personal information as referred to in clause 6.1. above.
6.3
Without limiting the generality of the aforesaid, KoinExpert will not without a client’s express further consent process a client’s personal information for any purpose other than the following, namely: -
6.3.1
In respect of the provision of products and/or services;
6.3.2
To fulfil orders and execute instructions on behalf of a client;
6.3.3
For internal record keeping purposes;
6.3.4
To perform anti-money laundering and know-your-client searches in respect of a client;
6.3.5
To contact a client in respect of a new product and/or service offered by KoinExpert or any of its divisions and/or partners (unless a client has chosen to “opt-out” of receiving such marketing correspondence);
6.3.6
To contact a client in respect of a new feature, special offers, promotional competitions offered by KoinExpert or any of its divisions and/or partners (unless a client has chosen to “opt-out” of receiving such marketing correspondence); and
6.3.7
To monitor clients’ browsing habits, activities in respect of and general interaction with KoinExpert’s website and its products and/or services, in order to improve its offerings.
6.4
KoinExpert will not without a client’s express further consent share a client’s personal information with a third-party for any purpose other than the following, namely: -
6.4.1
to our employees and/or third-party service providers who facilitate the client’s engagement with our products and/or services, whether by way of KoinExpert’s website, email or any other communication method. In order to further KoinExpert’s engagement with the client and its legitimate business interests, it is necessary to collect and share clients’ personal information. The aforesaid being to assist KoinExpert to communicate and engage properly and efficiently with the clients and render its products and services effectively;
6.4.2
to third-party service providers who have to process the client’s personal information as a necessary consequence of and/or ancillary service to KoinExpert’s products and/or services;
6.4.3
to external responsible parties who already have the client’s express consent to collect and process such personal information from KoinExpert or, by consequence, directly from the client;
6.4.4
to KoinExpert’s sub-divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with the client via email or any other method of communication, for purposes of sending the client marketing correspondence regarding any current or new services, new features, special offers or promotional competition offered by them (unless a client has chosen to “opt-out” of receiving such marketing correspondence);
6.4.5
to KoinExpert’s professional services providers, including but not limited to, insurers, legal counsel and financial institutions, where such disclosure is verily required for due performance under KoinExpert’s contractual relationship with the client and/or such professional service provider;
6.4.6
to KoinExpert’s service providers, including but not limited to, payment processors, fraud prevention services, marketing services and information technology support services, whom are under contract with KoinExpert and who assist with or facilitate any part of KoinExpert’s business operations, products and/or services. KoinExpert further contracts with the aforesaid parties on the basis that that these service providers may only use the client’s personal information in connection with or in the furtherance of the services they perform for KoinExpert, to the express exclusion of their own benefit and/or operational purposes. KoinExpert further ensures that to the extent necessary its contractual engagements with the aforesaid service providers adhere to the same standards of personal information protection as KoinExpert;
6.4.7
to any law enforcement agency, government official, fraud detection agency, regulatory authority or other third party, where KoinExpert believes in good faith that the disclosure of the client’s personal information is necessary to prevent physical harm, financial loss, to report or support the investigation into suspected illegal activity, to curtail the contravention of any applicable law, or to investigate violations of this Policy and/or the KoinExpert’s other Terms and Conditions and/or products and/or services; and
6.4.8
KoinExpert is entitled to use and/or disclose your personal information if such use and/or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on KoinExpert, or to protect and defend our rights and/or property.
6.5
In the event that a fraudulent transaction is flagged and brought to KoinExpert’s attention, KoinExpert is entitled to disclose any personal information relevant for purposes of criminal investigation and prosecution or otherwise required to discharge its legal obligations.

7. Purpose and Justification of Information Collection and Processing

7.1
The client’s use of KoinExpert’s KoinExpert’s website and/or any of KoinExpert’s products and/or services constitutes the client’s explicit “opt-in” consent to KoinExpert’s processing of the client’s personal information.
7.2
KoinExpert relies on and discloses its contractual engagement with the client in respect of service rendering as the lawful basis for which it collects and processes the client’s personal information. The aforesaid contractual engagement being initiated upon the electronic sign-up for KoinExpert’s products and/or services.
7.3
Alternatively, in some cases, KoinExpert relies on its legitimate business interests as the lawful basis for which it collects and processes the client’s personal information. In respect hereof, legitimate business interests include, but are not limited to, the canvassing of client satisfaction, systems troubleshooting of client complaints and issues and analytics of our service rendering in order to continually improve same. Where KoinExpert relies on its legitimate business interests, KoinExpert will always balance these against the client’s rights and the protection thereof.
7.4
Notwithstanding the aforesaid, and subject to the other provisions in this Policy, the following constitutes KoinExpert’s reasons for processing your personal information: -
7.5
To make KoinExpert’s products and/or services available to the client
KoinExpert collects, uses and processes the client’s personal information to provide the client with information, products and/or services, that the client expressly requests to purchase from KoinExpert. In respect hereof, the aforesaid includes, but is not limited to completing certain service tasks, processes or orders on KoinExpert’s website, within its apps, accepting payments online delivering services to the client generally. Further to the aforesaid and included in its scope, KoinExpert also collects, uses and processes the client’s personal information to effectively communicate with the client regarding the aforesaid service delivery and address, amongst others, the client’s questions and/or concerns relating to the products and/or services purchased.
7.6
KoinExpert may also collect, use and process the client’s personal information to measure the satisfaction of its clients and to provide customer care services, including but not limited to, troubleshooting in connection with products and/or services and the correspondence associated with such troubleshooting, whether by way of email, social media or otherwise.
7.7
When KoinExpert needs explicit consent from the client, in order for the client to freely “opt-in” into its products and/or services offerings, KoinExpert will request it from the client in a clear and transparent manner. The aforesaid request will be articulated in very specific terms and outline very specific purposes only. The client’s rights remain reserved, and it is free to withdraw this consent at any time.
7.8
For administrative and internal business purposes
KoinExpert may use the client’s personal information for its internal business purposes, including but not limted to, the administrative fulfilment of products and/or services, administrative fulfilment of invoices, project management and internal reporting. KoinExpert may also use your data to monitor the use of KoinExpert’s website, its apps and the online delivering of its products and/or services to the client generally. The aforesaid being a mechanism to ensure that KoinExpert’s website, apps and online delivering of its products and/or services is presented in the most effective and relevant manner to the client, specifically focussed on the continual development of its device setting default options available to the client.
7.9
It is in KoinExpert’s legitimate interests as a business to use the client’s personal information as articulated above. This is to ensure a client-friendly interface that properly and effectively facilitates its products and/or services in an efficient and high quality manner. KoinExpert is also focussed on making its products and/or services easy for the client to use and interact with. Where KoinExpert relies on our legitimate business interests, KoinExpert will always balance these against the client’s rights and the protection thereof.
7.10
For security and legal reasons
KoinExpert collects, uses and processes the client’s personal information for, amongst others, the following security and legal reasons:-
7.10.1
to ensure the personal and financial information provided by the client is accurate and up-to-date;
7.10.2
to conduct fraud checks and/or prevent other illegal activities;
7.10.3
to protect KoinExpert’s rights (whether corporeal or incorporeal) or property (whether corporeal or incorporeal), or those of others; and
7.10.4
to fulfil KoinExpert’s internal and/or external legal and compliance-related obligations.
7.11
Where necessary, KoinExpert will collect, use and process the client’s personal information to comply with a legal obligation, including but not limited to, that which has been articulated above, such as where a legitimate request from a law enforcement agency. In addition, KoinExpert will also rely on its legitimate interests, as has been articulated above, to collect, use and process the client’s personal information.
7.12
To conduct necessary AML/KYC verifications and checks
KoinExpert is required by law to conduct AML/KYC verifications of funds it receives from users.
7.13
In respect hereof, KoinExpert has to collect, use, process and verify certain personal information obtained form the client. The aforesaid information collection and verification process is detailed in KoinExpert’s AML/KYC Policy.
7.14
Should KoinExpert’s verifications require that you provide it with further information than what is available to it by way of its client database and what has been provided to it in respect of the use of its products and/or services, the client must you must, upon request, provide KoinExpert with the requisite information, in order to continue to its products and/or service.
7.15
In relation to the KoinExpert-client relationship
KoinExpert will collect, use and process the client’s personal information to personalise the client’s experiences in respect of: -
7.15.1
providing the client with marketing information via SMS, post and/or email, in respect of its products and/or services, if the client has given its express consent in respect thereof and has not “opted-out”;
7.15.2
processing the client’s registration details, account activity and purchase history in order to analyse how the client interacts with KoinExpert’s products and/or services. The aforesaid may include information on products and/or services the client has viewed, historical transactions and the products which have been added or ordered in respect of the client’s portfolio. This processing allows KoinExpert to provide a browsing experience which is relevant and optimised in respect of the client; and
7.15.3
carrying out limited automated decision-making based on the information provided by the client, primarily automated decision-making will be in respect of data analytics of KoinExpert’s client database, in order to ascertain what offers the client may be interested in.
7.16
Notwithstanding any of the aforegoing, KoinExpert relies on the client’s consent to send direct correspondence via SMS, post and/or email marketing messages based on the consent KoinExpert acquired from the client when signing-up, which consent will, by the client’s request, be amended from time to time. Where KoinExpert collects, uses and processes data for non-marketing purposes, as outlined above, including but not limited to, measuring the effectiveness of such marketing, KoinExpert will further rely on its legitimate business interests to communicate with the client to the extent necessary by way of direct correspondence, via SMS, post and/or email.

8. Updated Purpose and Further Processing of Personal Information

8.1
KoinExpert will only use the client’s personal information for the purposes for which it has been collected, unless it reasonably evident that KoinExpert requires said personal information for another purpose compatible, associated and/or tangential to the original purpose.
8.2
The client may request an explanation in respect of how the further processing and new purpose is compatible with original purpose. In respect hereof, kindly direct a query to the appointed Information Officer, the details of which appear at the top of this Policy.
8.3
Should KoinExpert need to collect, use or process the client’s personal information for an compatible purpose, it will notify the client and explain the legal basis upon which the collection, use or processing is permitted
8.4
Should KoinExpert need to collect, use or process the client’s personal information for an incompatible purpose, it will request from the client its further express consent to do so.

9. How Information is Stored and Security

9.1
In giving effect to Section 19 of POPIA, KoinExpert secures all personal information from unauthorized access, use or disclosure. Accordingly, KoinExpert secures the personal information provided by clients on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a card number) is transmitted to other websites, or otherwise is moved within the infrastructure of KoinExpert, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol and/or end-to-end encryption protocols. Personal information at-rest, will be secured by way of the Advanced Encryption Standard (AES) or a similar standard.
9.2
Notwithstanding the aforesaid, KoinExpert also seeks to adhere insofar as possible to the best practices of technical and organisational measures adopted to protect and secure personal information, including but not limited to, access control, data minimisation, data integrity, pseudonymisation, encryption intransit, encryption at-rest, confidentiality, recoverability and data evaluation.

10. How Information is Processed

10.1
KoinExpert processess personal information primarily by way of electronic aggregation and processing systems incidental to the rendering of its products and services.

11. How Koinexpert Treats Personal Information

11.1
KoinExpert ensures that all of its employees, third-party service providers, divisions and partners (including their employees and third-party service providers) having access to clients’ personal information are bound by appropriate and legally binding confidentiality agreements and obligations and process clients’ personal information at standards equal to or higher than KoinExpert’s in relation to client’s personal information.
11.2
Further to this, KoinExpert will: -
11.2.1
treat personal information as strictly confidential, save where it is entitled to share it as set out in this Policy;
11.2.2
take appropriate technical, security and organisational measures to ensure that clients’ personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
11.2.3
provide clients’ with reasonable access to your personal information to view and/or update personal details;
11.2.4
promptly notify clients if KoinExpert becomes aware of any unauthorised use, disclosure or processing of clients’ personal information;provide clients with reasonable evidence of KoinExpert’s compliance with its obligations under this Policy on reasonable notice and request; and
11.2.5
upon clients’ request, promptly correct, transfer, return or destroy any and all of the personal information in our possession or control, save for that which KoinExpert are legally obliged or entitled to retain. In respect hereof, reiterating that some website functionality, products and/or services’ functionality may be lost if certain personal information is amended or destroyed.
11.3
KoinExpert will not retain your personal information longer than the period for which it was originally intended and/or needed, unless KoinExpert is required by law to do so, or the client consents to it to be retained for a longer period. In some circumstances, other applicable national laws require KoinExpert to retain your data beyond clients’ request for its deletion, or beyond clients’ direct engagement with KoinExpert. As such, in some circumstances, personal information will be retained in adherence with compulsory instructions from other applicable national laws, notwithstanding requests to have it deleted or amended.
11.4
Whilst KoinExpert takes all necessary steps to reasonably protect clients’ rights of privacy, it cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of clients’ personal information, whilst in KoinExpert’s possession, or made by third parties who are not subject to KoinExpert’s control, unless such disclosure is as a result of KoinExpert’s gross negligence or fraud.
11.5
If clients disclose their personal information to a third party, such as an entity which operates a website linked to the website or anyone other than KoinExpert. KoinExpert shall not be liable for any loss or damage, howsoever arising, suffered by clients’ as a result of the disclosure of such information to the third party, including another user. This owing to the fact that KoinExpert does not regulate or control how that third party uses clients’ personal information.

12. Cookies

12.1
KoinExpert’s website may make use of “cookies” to automatically collect information and data through the standard operation of internet servers.
12.2
“Cookies” are small text files a website can use (and which KoinExpert may use) to recognise repeat clients, facilitate the client’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify the client.
12.3
If the client do not want information collected through the use of cookies, the client’s attention is directed to the option presented in most browsers that allows the client to accept or deny the cookie feature. In respect hereof, cookies may be necessary to provide the client with certain features available the website, and accordingly, if cookies are disabled, certain features may not be enabled, and the access to the website be limited.
12.4
If a client does not disable “cookies”, the client is deemed to have consented to KoinExpert’s use of any personal information collected by way of using said cookies, subject to the provisions of this Policy and KoinExpert’s Terms and Conditions.

13. Data Protection Rights

13.1
In terms of POPIA, the client is entitled to specific rights in respect of their personal information. KoinExpert hereunder reiterates certain key rights attributed to the client. The aforesaid rights are articulated in greater detail under Chapter 2 of POPIA. If a client has any questions or concerns in respect of any rights, it is directed to contact KoinExpert’s Information Officer, who will be able to engage accordingly.
13.2
The client is always entitled to request access to any relevant personal information held by KoinExpert, specifically where such access is necessary for the client to exercise and/or protect any of the client’s rights under POPIA. For any personal information held by any third-party responsible party, the client must approach said third-party responsible party for the realisation of the client’s personal information rights with them, and not with KoinExpert, as KoinExpert has no obligations in respect hereof.
13.3
Further to the aforesaid right of information disclosure, the client has further rights specifically defined in POPIA, namely: -
13.3.1
to have data processed in a fair, lawful and transparent way;
13.3.2
to be informed about how personal information is being used (i.e. this Policy);
13.3.3
to access and request personal information held ;
13.3.4
to require the correction any mistakes and/or inaccuracies in a client’s personal information;
13.3.5
to require the deletion of personal information concerning the client in certain situations where there is no longer a legitimate and/or lawful reason for the continued processing thereof;
13.3.6
to request that personal information be transferred to you or another service provider in a simple, structured format;
13.3.7
to object at any time to processing of personal information for direct marketing purposes;
13.3.8
to object to automated decision making which produces legal effects concerning the client or in any way significantly affects the client; and
13.3.9
to object in certain other situations to the continued processing of your personal information; and/or otherwise restrict or temporarily stop the processing of your personal information in certain circumstances.
13.4
Access to personal information or the exercise of any legal right will not attract an administrative fee. Notwithstanding the aforesaid, a reasonable fee may be charged if a request is clearly unfounded, repetitive or excessive. Alternatively, KoinExpert reserves its rights to refuse to comply with a request in these circumstances.
13.5
In respect of a disclosure of information, KoinExpert may need to request specific information from the client in order to help it confirm the client’s identity and ensure and/or confirm the right to access the requested personal information. The aforesaid may also be requested in the exercise of any other right the client holds. This is strictly a security measure to ensure that personal information is not disclosed to any person who does not have a right to receive it.
13.6
KoinExpert will attempt to respond to all legitimate requests within one week. Occasionally it may longer than a month if the request is particularly complex or a number of requests have been made.
13.7
Client’s with citizenships from jurisdictions other than of South Africa, please note that KoinExpert complies with all South African data protection laws when processing your personal information in the supply of its products and/or services. Should foreign law be applicable in any regard to said client use of the products and/or services and/or the website in any way, including how KoinExpert may process your personal information, please contact KoinExpert’s Information Officer, to engage on its application and the rights associated with it accordingly.
13.8
Any content provided by the client’s through the website, including via the messaging system, enters an open, public domain, and is accordingly not confidential. The author of the content will be liable for the disclosure, and not KoinExpert.
13.9
By using any of KoinExpert’s products and/or services, clients expressly consent to understanding that there are risks involved in sharing personal information. By disclosing personal information such as the client’s name and email address, clients acknowledge and understand that this information may be collected and used by a third party to communicate with the client, where said communication falls within the scope of the purpose for which the information was provided.
13.10
By accepting this Policy, the client has expressly “opted-in” to receive emails from KoinExpert, and accordingly, the client’s email address will be used to contact the client from time to time and may also use be used for security reasons to confirm your identity.
13.11
The client retains its rights to “opt-out” of receiving email communication at any time by following the directions posted on every email communication.

14. Extra Territorial Flow of Information

14.1
KoinExpert may share and as a necessary consequence of its products and/or services distribute clients’ personal information within the KoinExpert business structure. This may involve transferring and processing clients’ personal information outside of South Africa.
14.2
Whenever clients’ personal information is transferred out of the country, KoinExpert ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented: -
14.2.1
KoinExpert will only transfer personal information to countries that have been deemed to provide an adequate level of protection for personal information;
14.2.2
where certain service providers are used, KoinExpert may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe under the General Data Protection Regulation or GDPR; and
14.2.3
where KoinExpert use service providers based in the United States, it may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal information shared between Europe and the US.

15. Financial Intelligence Centre

15.1
KoinExpert strives to adhere to strict compliance with all of its anti-money laundering (hereinafter, “AML”) and know-your client obligations, as set out in our Anti-Money Laundering and Know Your Client Policy. As such, KoinExpert has various obligations to keep record of and disclose certain personal information as mandated by AML and Counter-Terrorism Financing Laws.
15.2
Specifically, KoinExpert has record keeping and disclosure obligations toward the Financial Intelligence Centre, as mandated under the Financial Intelligence Centre Act, No. 38 of 2001(Hereinafter, “FICA”).
15.3
KoinExpert accordingly reserves its rights to collect, record and disclose the personal information of its clients and accordingly to deviate from this Policy insofar as is lawfully necessary or mandated to comply with its obligations under FICA.

16. Law and Jurisdiction

16.1
This Policy is governed by the laws of the Republic of South Africa.

17. Disputes

17.1
Any dispute that arises by operation of the Policy, that cannot be dealt with internally, must be referred to the South African Information Regulator. In respect of which the contact information is: -
17.1.1
Name: The South African Information Regulator (Att: Mr Marks Thibela, Chief Executive Officer)
17.1.2
Direct email address: complaints.IR@justice.gov.za
17.1.3
Direct contact number: +27 (0) 10 023 5200 / +27 (0) 82 746 4173
17.1.4
Postal address: 33 Hoofd Street, 3rd Floor Braampark, P.O. Box 31533, Braamfontein, Johannesburg

18. Electronic communication and messages disclaimer

18.1
This disclaimer applies to any electronic message (like email, SMS or WhatsApp) passing through the Koinexpert information system (including its contents, any attachments and all subsequent messages or attachments). If there is a conflict between this disclaimer and any other, this one will prevail.
18.2
The recipient: Messages are intended for the named recipient only. If that is not you and you have received the message:
  • Please notify the sender using the contact details contained in the message. If this is not possible, then using the quickest means possible (telephone or fax). You must delete the message you received once you have notified the sender.
  • You must not forward, copy or otherwise transmit or disseminate the message or any of its contents to any person other than the named sender.
  • You may not print, save or store the message or any of its contents in electronic or physical form.
If you are a client of Koinexpert, any opinions or advice contained in the message is subject to any applicable terms.
18.3
Confidentiality: The message is confidential, unless specifically stated or if this is manifestly clear from the context (such as press releases and other official statements). If you are not certain whether the message is confidential, please check with the sender. Do not disclose it to anyone else. Only the person to whom the message was sent may use it. Do not add the sender’s email address or number to a database for the purposes of direct electronic marketing without their consent.
18.4
Legal requirements related to message: By communicating with us electronically, you consent to receiving messages from us electronically and agree that any agreement, notice, disclosure or other message transmitted electronically satisfies any legal requirement, including that it be “in writing”. Unless otherwise agreed, we are only deemed to have:
  • received an message once we have confirm receipt orally or in writing; and
  • sent an message once reflected as “sent” on our message server logs.
18.5
We are not responsible: We have taken all reasonable precautions to ensure that no malicious software (malware) is in our message to you. We recommend that you virus check all messages you receive. While we use our best endeavours to prevent loss or damage to third party systems, we are not responsible or liable for any harm, damages, or loss (including any lost profits, business interruption, loss of programs or other data on information handling systems, or data corruption) arising from this message, including:
  • from malicious software (malware),
  • if someone else changes an message,
  • for corruption of data, or any “denial of service”,
  • for the non-delivery or incorrect delivery of any message,
  • its effect on electronic devices, or
  • its transmission in an unencrypted medium.
18.6
Interception and Monitoring: We reserve the right to intercept, monitor, review or disclose all messages. Employees do not have any privacy right in the creation of, sending of, receipt of or storage of information (e.g. message messages, internet pages) on the systems of the organisation. If you do not want your message to be read by us, you must not communicate with us by message.
18.7
Enquiries: If you have any questions or concerns arising from this disclaimer, please contact hello@koinexpert.com

19. Amendments to the Policy

19.1
KoinExpert will occasionally update the Policy to reflect company changes, client feedback and legislative updates. KoinExpert encourages all users of its products and services to periodically review this Policy, which will at all times be available through its website in its most up-to-date form. Notwithstanding this, KoinExpert will, insofar as it deems necessary, periodically notify users of any substantial changes to this Policy.
19.2
Clients are welcome to request a comprehensive copy of the Policy from the Information Officer, at the details provided above.