This Privacy Notice describes how Luthuli Capital collects, uses, discloses, retains and protects your personal information, in accordance with the Protection of Personal Information Act (POPIA) and other relevant laws. The Privacy Notice applies to any website, application, form, document product or service which references this Privacy Notice. It also supplements any other privacy notices which may apply in respect to Luthuli Capital’s processing of personal information. POPIA defines personal information as “information which relates to an identifiable, living, natural person, and where it is applicable, and identifiable, existing juristic person”. This includes, but is not limited to, your name, sex, gender, address, contact details, identity number and medical or health information.
Who we are
The Luthuli Capital website is a platform of which Luthuli Capital (Pty) Ltd has created to market products and collect customer information. The information collected is owned by Luthuli Capital.
How we collect information
We collect personal information about you and any other person whose details you provide to us in accordance with the relevant laws, either:
- Directly from you when you complete a product or service application form, electronically or by way of a hard copy;
- Indirectly from you when you interact with us electronically by way of our website, apps, or social media, which may include the collection of metadata (data about data); and
- Where relevant, from third party sources, such as other entities within the Luthuli Capital, financial intermediaries that are representatives of Luthuli Capital or have intermediary agreements with Luthuli Capital public databases, data aggregators, other financial institutions, credit bureaus, and fraud prevention agencies.
We will also collect your information where you only partially complete and/or abandon any information inputted into our website and/or other online forms. Given that we consider you a customer at this stage, we may use this information to contact you in order to remind you to complete outstanding information and/or for direct marketing purposes – until such time as you exercise your right to opt-out or terminate the relationship.
Where we require personal information in order to provide you with our products and services, your failure to provide us with it, will result in Luthuli Capital being unable to provide you with our products and services. Where such services include financial advice, the appropriateness of the advice may be compromised if you do not provide complete and accurate information. You are responsible for informing Luthuli Capital if your information changes.
Collection of information by third parties
Owners or information system administrators of third party websites that have links to the Luthuli Capital website, may collect personal information about you when you use these links. Luthuli Capital does not control the collection or use of personal information by third parties and this privacy statement does not apply to third parties. Luthuli Capital does not accept any responsibility or liability for third party policies or your use of a third-party app, platform or service.
Luthuli Capital also uses certain social networking services such as Facebook, WhatsApp and Twitter to communicate with the public and Luthuli Capital clients. When you communicate with Luthuli Capital through these services, that social networking service may collect your personal information for its own purposes. These services may track your use of our digital channels on those pages where the links are displayed. If you are logged into those services (including any Google service) while using our digital channels, their tracking will be associated with your profile with those service providers. These services have their own privacy policies which are independent of Luthuli Capital’s privacy policies and practices. Please ensure that you fully acquaint yourself with the terms of any such third party privacy policies and practices.
What information we collect
Your relationship with Luthuli Capital determines the exact nature of the personal information Luthuli Capital processes, and the purpose for which such personal information is collected and used. However, in many cases, if we are handling your personal information as part of our role as an financial services provider, the personal information we may process includes the following:
- Information about you – for example your name, identity number, age, gender, date of birth, nationality, occupation, lifestyle, current status of health, medical history and any existing conditions of each person insured. In the event that you make a claim, we may also collect personal information from you about the claim from you and any relevant third parties. We acknowledge that information about your health is special personal information. Note that we will use that information strictly in accordance with applicable laws and for insurance purposes (including assessing the terms of your insurance contract, dealing with changes to your policy and/or dealing with claims).
- Contact information – in some cases, for example, we may receive your email, address, phone number and postal address.
- Online information – for example cookies and IP address (your computer’s internet address), if you use our websites, apps and/or social media platforms.
- Financial information – we may process information related to payments you make or receive in the context of an insurance policy or claim. We may process information regarding your income, expenses, assets, liabilities, investments, retirements and other financial provisions in the context of providing financial advice and intermediary services.
- Contractual information – for example details about the policies you hold and with whom you hold them.
- Health information such as smoker status or medical related issues relevant to a policy you hold or a claim you have made
In certain instances, we may need consent to process your personal information. If you give us your consent in a particular instance, you are free to withdraw this consent at any time. Please note that where you have withdrawn your consent, this will not affect the processing that took place prior to such withdrawal and it will not affect the processing of your personal information where consent is not required.
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.
How we use your information
We have regulatory obligations, including compliance with anti-money laundering legislation, to process your personal information. This includes verifying your identity or the identity of your beneficial owner and/or controlling persons. We are also required by various laws to maintain a record of our dealings with clients.
In order for us to provide clients with the financial products and services they have requested and to notify them of important changes to such products and services, we need to collect, use and disclose the personal information of clients, their representatives, controlling persons of entities, business contacts, staff of clients and service providers. To the extent permissible under applicable laws, Luthuli Capital may use your information:
- To provide you with our financial products and services, and maintain our relationship with you;
- To provide you with financial advice and intermediary services;
- To conclude and administer your application, which may include underwriting;
- To execute a transaction in accordance with your request;
- To assess, check, and process claims;
- To meet our contractual obligations with you or take steps necessary for the conclusion of a contract with you;
- To comply with legislative and regulatory requirements, including codes of conduct and requirements of our regulators (including the Financial Sector Conduct Authority and Prudential Authority);
- For the detection and prevention of unlawful activity, fraud, money-laundering and loss, including as part of party due diligence required under applicable laws and in terms of Luthuli Capital policies;
- Perform any risk analysis or for purposes of risk management to you or our business in general;
- Record and/or monitor and have access to your telephone calls (i.e. voice recordings), correspondence and electronic communications to/with us (or any of our employees, agents or contractors) in order to accurately carry out your instructions and requests, to use as evidence and in the interests of crime prevention;
- In order to maintain the security of our digital channels and systems;
- For statistical analysis and research purposes;
- For audit and record keeping purposes;
- For purposes of proof and legal proceedings;
- To enhance your experience when interacting with the Luthuli Capital and to help us improve our offerings to you;
- To share with other entities in the Luthuli Capital, so that we can market our financial products and services which we deem similar, with the aim of offering you the opportunity to take up some of the financial products to fulfil your needs, provided that you have not objected to receiving such marketing;
- Conduct market research and provide you with information about our products and services from time to time via email, telephone or other means (for example invite you to events);
- 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); and
- For any purpose related to and compatible with the above.
Sharing your information
Luthuli Capital will only share your personal information with third parties if there is a legitimate reason to do so. We may disclose the personal information you provide to us to:
- our third party service providers who are involved in the delivery and/or administration of financial advice products and services;
- other third parties in relation to the purposes set out under the previous section (How we use your information);
- other insurers, public bodies and law enforcement (either directly or through shared databases) for fraud detection and prevention; and
- reinsurers who provide reinsurance services to Luthuli Capital and for each other. Reinsurers will use your personal information to decide whether to provide reinsurance cover, assess and deal with reinsurance claims, and to meet legal obligations.
Your personal information may also be shared with third-party suppliers from time to time for the purpose of facilitating and providing benefits to you by way of a loyalty or rewards programme or when needed to fulfil our contractual obligations to you. Luthuli Capital will not sell, rent, or trade your personal information to any third party. Luthuli Capital will share information about you with external financial service providers with whom Luthuli Capital have intermediary agreements.
Luthuli Capital will disclose information when lawfully required to do so:
- To comply with any relevant legislation, or any legal process; and
- By any regulatory authority (for example, the Financial Sector Conduct Authority or Prudential Authority).
On occasion, Luthuli Capital may – for legitimate purposes – share aggregated information with its stakeholders and business partners (for example, demographic data) in a manner that does not identify the persons to whom the information apply. However, Luthuli Capital will not disclose your personal information to third parties unless there is valid processing ground as per section 11 of POPIA.
Transfer across borders
Some of the persons to whom we disclose your personal information may be situated outside of the Republic of South Africa (RSA) in jurisdictions that may not have similar data protection laws to the RSA. In this regard, we may send your personal information to service providers outside of the RSA for storage or processing on Luthuli Capital’s behalf. We will not send your information to a country that does not have information protection legislation similar to that of the RSA, unless we have ensured that the recipient agrees to effectively adhere to the principles for processing of information in accordance with the POPIA.
Security and storage of information
Luthuli Capital intends to protect the integrity and confidentiality of your personal information. Luthuli Capital has implemented appropriate technical and organizational information security measures to help it keep your information secure, accurate, current, and complete. However, we cannot guarantee the security of any information you transmit to us online and you do so at your own risk. Where third parties are required to process your personal information in relation to the purposes set out in this notice and for other lawful requirements, we ensure that they are contractually bound to apply the appropriate security practices.
Luthuli Capital will use commercially reasonable efforts to respond to your requests to correct inaccuracies in your personal information in a timely manner. To assist us in correcting inaccuracies in your personal information, please return the message containing the inaccuracies to Luthuli Capital with details of the correction requested. Your personal information will be held and used for as long as permitted for legal, regulatory, fraud prevention and legitimate business purposes.
Right of access to information
The Promotion of Access to Information Act (PAIA) coupled with POPIA offer a data subject a right of access to information held by a public or private body. This right can be exercised in accordance with the Luthuli Capital PAIA manual (found on request from firstname.lastname@example.org).
Correction of your information
In accordance with POPIA, you have a right to correct any of your personal information held by Luthuli Capital. This right should be exercised in accordance with the procedure outlined in the PAIA manual.
Objection to processing of your information
In accordance with POPIA, you may object to our processing of your personal information on reasonable grounds relating to your particular situation, unless legislation provides for such processing.
Where you provide your personal information to a Luthuli Capital entity in the context of a sale of one of our products or services, you agree to such Luthuli Capital entity sending you information on news, trends, services, events and promotions for our own similar products and or services, subject always to your right to opt-out of receiving such marketing at the time your information is collected and on each subsequent marketing communication thereafter. You may object to receiving direct marketing from Luthuli Capital at any time by contacting email@example.com.
Where you choose to exercise your right to opt-out of direct marketing, please allow for up to twenty-one (21) days for Luthuli Capital to effect that change.
In the interests of better customer service, Luthuli Capital may collect anonymous information from visitors to its websites. For example, Luthuli Capital keeps track of the domains from which people visit its website and also measures visitor activity on its website. In the process, Luthuli Capital ensures the information cannot be used to identify you. This information is sometimes known as “clickstream data”. Luthuli Capital or its analytic vendors (including Google Analytics) may use this data to analyse trends and statistics and to provide better customer service.
The information, referred to as traffic data, which may be collected includes:
- Your IP address;
- The search terms you have used;
- The pages accessed on the website and the links visitors clicked on;
- The date and time you visited the website;
- The referring website (if any) through which you clicked through to our website; and
- The type of website browser you use.
As mentioned, the traffic data is aggregated and not personally identifiable and our website analysis will also respect any ‘do not track’ setting you might have on your web browser.
A cookie is a small text file that is downloaded onto ‘terminal equipment’ (e.g. a computer or smartphone) when you access a website. It allows the website to recognize your device and store some information about your preferences or past actions.
What cookies do we use?
Some cookies which we use are essential to the functioning of our website. Some cookies help us with the performance and design of our website. This allows us to measure how many times a page has been visited, whether a page has been visited on the website through an advertisement or by other means. Other cookies help us to remember your settings which you may have selected, or assist with other functionality when you browse and use our website. This helps us to remember what you have selected, so on your return visit – we remember your preferences.
How do I disable cookies?
If you do not want to receive a cookie from the website, you have the option of setting your browser to notify you when you receive a cookie, so that you may determine whether to accept it or not. However, please be aware that if you do turn off ‘cookies’ in your browser, you will not be able to fully experience some of the features of the website. For example, you will not be able to benefit from automatic log-on and other personalisation features.
Luthuli Capital is committed to comply with all applicable laws aimed at the protection of children and in particular the protection of their personal information.
This privacy statement was last updated on 1 March 2022. A notice will be posted on the Luthuli Capital website home page whenever the privacy statement is materially changed. Please check the website regularly to ensure that you are aware of the latest version of this privacy statement.
Questions regarding this statement
Questions, comments and requests regarding this statement may be directed to firstname.lastname@example.org for clarification.
Particulars of Luthuli Capital
In the event that you have a complaint or concern regarding the processing of your personal information, your complaint should be directed to the following channels:
- All complaints (including POPIA-related complaints): email@example.com
- If you would like to exercise your rights in terms of the Protection of Personal Information Act (POPIA) to enquire what personal information Luthuli Capital currently holds of you, or if you want to request that we delete personal information being held (subjective to legislative requirements) please contact firstname.lastname@example.org.
- If you would like to update or amend your personal information, please contact email@example.com
To report data breaches of personal information:
- Please contact: firstname.lastname@example.org
Luthuli Capital (Pty) Ltd is a licensed financial services provider (FSP No.:47081)
The Information Regulator
Whereas we would appreciate the opportunity to first address any complaints regarding our processing of your personal information, you have the right to complain to the Information Regulator, whose contact details are: