Privacy

Policy

So that we're all protected.

Definitions

1.1. Consent: Means any voluntary, specific, and informed expression of will in terms of which permission is given for the processing of personal information.

1.2. Biometrics
: Means a personal identification technique based on physical, physiological, or behavioural characterisation, including blood typing, fingerprinting, DNA analysis, retinal scanning, and voice recognition.

1.3. De-Identify
: Means to delete any information that identifies a data subject or which can be used by a reasonably foreseeable method to identify, or when linked to other information, that identifies the data subject.

1.4. Director 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, in the ordinary course of business, any goods or services to the data subject; or requesting the data subject to make a donation of any kind for any reason.

1.5. Data Subject
: Refers to a natural or juristic person to whom the personal information relates, such as an individual or entity which is a client, or an entity that supplies 80eight with products or other goods or services.

1.6. 80eight
: Means, ELA Asset Management (Pty) Limited, Registration number: 2017/435463/07, trading as 80eight Capital.

1.7. Filing System
: Means the centralised structured set of personal information, which is stored by 80eight through a third-party provider software.

1.8. Information Officer
: The Information Officer assisted by a Deputy Information Officer is responsible for ensuring the organisation's compliance with POPIA. 80eight's Information Officer details are as follows:
Name: Faadil Moti
Contact Number: +27 11 243 2019
E-mail Address: [email protected]

1.9. Operator
: Means a natural or juristic person who processes personal information for 80eight in terms of a contract, mandate, or service level agreement without coming under the direct authority of 80eight.

1.10. POPIA
: Means the Protection of Information Act 4 of 2013.

1.11. Processing
: The act of processing information includes any activity or any set of operations, whether or not by automatic means, concerning personal information and includes:the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;dissemination by means of transmission, distribution or making available in any other form; ormerging, linking, as well as any restriction, degradation, erasure or destruction of information.

1.12. Record
: Means any recorded information, regardless of form or medium, including:Writing on any material;Information produced, recorded or stored by means of any recorder, computer equipment, whether hardware or software or both, or other devices, and any material subsequently derived from information so produced, recorded or stored;Label, marking, or other writing that identifies or describes anything of which it forms part, or to which it is attached by any means;Book, map, plan, graph or drawing;Photograph, film, or other devices in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced.

1.13. Re-Identify
: Means to resurrect any information that has been de-identified that identifies the data subject, or can be used or manipulated by a reasonably foreseeable method to identify the data subject.

1.14. Unique Identifier
: Means the identifier assigned by 80eight to a data subject such as an account number.

Introduction

2.1. This is 80eight's privacy policy, and this is our plan of action when it comes to protecting your privacy. We respect your privacy and take the protection of personal information very seriously.
2.2. The purpose of this policy is to describe the way that we collect, store, use, and protect information that can be associated with you or another specific natural or juristic person and can be used to identify you or that person.
2.3. This policy applies to:
2.3.1. 80eight's governing body,
2.3.2. All branches, business units and divisions of 80eight,
2.3.3. All employees and volunteers of 80eight and
2.3.4. All contractors, suppliers and other persons acting on behalf of 80eight.

Collection and Use of Information

3.1. Collection of information
3.1.1. Once you register on, or submit information through our website www.80eight.io you will no longer be anonymous to us. You will provide us with certain personal information when you register on our website. This personal information will include:
3.1.1.1. your name and surname;
3.1.1.2. your email address;
3.1.1.3. your telephone number;
3.1.1.4. your company name, company registration number, and VAT number;
3.1.1.5. your postal address or street address;
3.1.1.6. Your source of funds,
3.1.1.7. Your countries where you have residency and
3.1.1.8. your username and password.
3.1.2. 80eight will use this personal information to fulfil your account and provide additional services and information to you as we reasonably think appropriate, and for any other purposes set out in this policy.

3.2. From our browser
We automatically receive and record internet usage information on our server logs from your browser, such as your Internet Protocol address (IP address), browsing habits, click patterns, version of software installed, system type, screen resolutions, colour capabilities, plug-ins, language settings, cookie preferences, search engine keywords, JavaScript enablement, the content and pages that you access on the website, and the dates and times that you visit the website, paths taken, and time spent on sites and pages within the website (usage information). Please note that other websites visited before entering our website might place personal information within your URL during a visit to it, and we have no control over such websites. Accordingly, a subsequent website that collects URL information may log some personal information.

3.3. Web beacons
80eight's website may contain electronic image requests (called a single-pixel gif or web beacon request) that allow us to count page views and access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.

3.4. Recording calls
80eight's may monitor and record any telephone calls that you make to us unless you specifically request us not to.

3.5. Purpose of collection
The goods or services information, or optional information that you provide to us may be used or processed for the purposes that you indicated when you agreed to provide it to us. Processing includes gathering your personal information, disclosing it, and combining it with other personal information. We generally collect and process your personal information for various purposes, including:
3.5.1. financial services purposes -- such as providing investment products of your choosing;
3.5.2. marketing purposes -- such as pursuing lawful related marketing activities;
3.5.3. business purposes -- such as internal audit, accounting, business planning, joint ventures, disposals of business, or other proposed and actual transactions;
3.5.4. legal purposes -- such as handling claims, complying with regulations, or pursuing good governance; and
3.5.5. analytics purposes -- such as creating derived data from your personal information to get insights into how you use our goods or services, including through aggregation, de-identification, anonymisation and other data analytics operations.
3.5.6. We may use your usage information for the purposes described above and to:
3.5.7. remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
3.5.8. monitor website usage metrics such as the total number of visitors and pages accessed; and
3.5.9. track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.

3.6. Our Obligations.
3.6.1. General obligation
3.6.1.1. 80eight may use your personal information to fulfil our obligations to you.
3.6.1.2. 80eight may send administrative messages and email updates to you about the website. We may wish to provide you with information about new financial services in which we think you may be interested. This means that in some cases, we may also send you promotional messages. We will not send you promotional messages unless you have chosen to opt into them. But, we may send you one message asking you to opt into promotional messages without you having opted-into promotional messages.
3.6.1.3. While you are logged into the website, 80eight may display targeted adverts and other relevant information based on your personal information. In a completely automated process, computers process personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser's website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser's website, however, the advertiser is able to collect your personal information.
3.6.2. Protection of personal information
3.6.2.1. The security of our filing system is managed to ensure that personal information is adequately protected. To this end, security controls will be implemented in order to minimise the risk of loss, unauthorised access, disclosure, interference, modification or destruction.
3.6.2.2. Security measures also need to be applied in a context-sensitive manner. For example, the more sensitive the personal information, such as medical information or credit card details, the greater the security required.
3.6.2.3. 80eight continuously reviews its security controls which will include regular testing of protocols and measures put in place to combat cyber-attacks on the organisation's IT network.
3.6.2.4. All paper and electronic records comprising personal information are securely stored and made accessible only to authorised individuals.
3.6.2.5. All new employees will be required to sign employment contracts containing contractual terms for the use and storage of employee information. Confidentiality clauses will also be included to reduce the risk of unauthorised disclosures of personal information for which the 80eight is responsible.
3.6.2.6. All existing employees, after the required consultation process has been followed, are required to sign an addendum to their employment containing the relevant consent and confidentiality clauses.
3.6.2.7. 80eight's operators and third-party service providers will be required to enter into service-level agreements with the organisation where both parties pledge their mutual commitment to POPIA and the lawful processing of any personal information pursuant to the agreement.
3.6.2.8. Employee Consent and Confidentiality Clause is included in 80eight's employment contracts entered into between 80eight and its employees in accordance with POPIA.

Disclosure

4.1. Sharing
80eight may share your personal information with:
4.1.1. other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services, and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
4.1.2. an affiliate, in which case we will seek to require the affiliates to honour this privacy policy;
4.1.3. our services providers under contract who help provide certain services or help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these third-party providers only use your information in connection with the goods or services they supply or services they perform for 80eight and not for their own benefit);
4.1.4. credit bureaus to report account information, as permitted by law;
4.1.5. other third parties who provide us with relevant services where appropriate;
4.1.6. 80eight may disclose your personal information as required by law or governmental audit; and
4.1.7. 80eight may disclose personal information if required:
4.1.7.1. by a subpoena or court order;
4.1.7.2. to comply with any law;
4.1.7.3. to protect the safety of any individual or the general public; and
4.1.7.4. to prevent violation of our customer relationship terms.

4.2. No selling
80eight will not sell personal information. No personal information will be disclosed to anyone except as provided in this privacy policy.

4.3. Marketing purposes
80eight may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.

4.4. Employees
80eight may need to disclose personal information to our employees that require the personal information to do their jobs or provide services, but we will not do so unnecessarily. These include our responsible management, human resources, accounting, audit, compliance, information technology, and other employees.

4.5. Change of ownership
If 80eight undergoes a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.

Rights of the Data Subject

Where appropriate, 80eight ensures that its clients and customers are made aware of the rights conferred upon them as data subjects.80eight therefore, ensures to give effect to the following six rights.

5.1. The Right to Access Personal Information
The data subject has the right to establish whether 80eight holds personal information related to him, her or its, including the right to request access to that personal information.The data subject must populate the "Personal Information Request Form" ("personal information form") which can be downloaded from the website and email to [email protected] or call +27 11 243 2019 in order to be assisted with populating the personal information form.

5.2. The Right to Have Personal Information Corrected or Deleted
The data subject has the right to request, where necessary, that his, her or its personal information must be corrected or deleted where the organisation is no longer authorised to retain the personal information.

5.3. The Right to Object to the Processing of Personal Information
The data subject has the right, on reasonable grounds, to object to the processing of his, her or its personal information.
5.3.1. In such circumstances, 80eight will give due consideration to the request and the requirements of POPIA. The use or disclosure of the data subject's personal information may be ceased and subject to any statutory and contractual record-keeping requirements, 80eight may also approve the destruction of the personal information.
5.3.2. The data subject must populate the "objection to the responsible party on Form 1" ("objection form") which can be downloaded from the website and email to [email protected] or call +27 11 243 2019 in order to be assisted with populating the personal information form.

5.4. The Right to Object to Direct Marketing
5.4.1. The data subject has the right to object to the processing of his, her or its personal information for purposes of direct marketing by means of unsolicited electronic communications.
5.4.2. 80eight will request consent to process the personal information of a data subject for the purpose of direct marketing by electronic communication
5.4.3. Application for the consent of a data subject for the processing of personal information for the purpose of direct marketing can be obtained from the website.

5.5. The Right to Complain to 80eight
Data subjects have the right to complain in instances where any of their rights under POPIA have been infringed upon. The organisation takes all complaints very seriously and will address all POPI-related complaints in accordance with the following procedure:
5.5.1. All POPIA related complaints must be submitted in writing to the information officer [email protected] (where necessary the Information Officer will provide the data subject with a POPI Complaint Form).
5.5.2. The Information Officer will provide the complainant with a written acknowledgement of receipt of the complaint within two working days.
5.5.3. The Information Officer will revert to the complainant with a proposed solution with the option of escalating the complaint to 80eight's governing body within seven working days after acknowledgement of receipt of the complaint. In all instances, 80eight will provide reasons for any decisions taken and communicate any anticipated deviation from the specified timelines.

5.6. The Right to Complain to the Information Regulator
The data subject has the right to submit a complaint to the Information Regulator regarding an alleged infringement of any of the rights protected under POPIA and to institute civil proceedings regarding the alleged non-compliance with the protection of his, her or its personal information.An example of a "POPI Complaint Form" for internal use can be downloaded from the website here

Any person who wishes to submit a complaint contemplated in section 74(1) of the Act must submit such a complaint to the Regulator on Part I of Form 5. A responsible party or a data subject who wishes to submit a complaint contemplated in section 74(2) of the Act must submit such a complaint to the Regulator on Part II of Form 5 of the Regulations to the Act.Complaints regarding interference with the protection of personal information Part I of Form 5 can be obtained from the website. Complaint regarding the determination of an adjudicator Part II of Form 5 can be obtained from the website

5.7. The Right to be Informed
The data subjects have the right to be notified that their personal information is being collected by the organisation.80eight has uploaded in its website the privacy notice which outlines to clients how their personal information is collected and for which purpose.

Disciplinary Action

6.1. Where a POPI complaint or a POPI infringement investigation has been finalised, 80eight may recommend any appropriate administrative, legal and/or disciplinary action to be taken against any employee reasonably suspected of being implicated in any non-compliant activity outlined within this policy.

6.2. In the case of ignorance or minor negligence, the organisation will undertake to provide further awareness training to the employee.

6.3. Any gross negligence or the wilful mismanagement of personal information will be considered a serious form of misconduct for which the organisation may summarily dismiss the employee. Disciplinary procedures will commence where there is sufficient evidence to support an employee's gross negligence.

6.4. Examples of immediate actions that may be taken subsequent to an investigation include:
6.4.1. A recommendation to commence with disciplinary action.
6.4.2. A referral to appropriate law enforcement agencies for criminal investigation.
6.4.3. Recovery of funds and assets in order to limit any prejudice or damages caused.

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