Protection of Personal Information Policy and Procedures
Park an Ad cc t/a Autohaus Angel is an authorised financial services provider who is obliged to comply with the Protection of Personal Information Act (“POPI”). All the employees of Park an Ad cc t/a Autohaus Angel will be required to comply with this policy.
This Policy sets out how Park an Ad cc t/a Autohaus Angel deals with their client’s Personal Information and in addition for what purpose the said information is used.
POPI requires Park an Ad cc t/a Autohaus Angel to inform their clients as to how their Personal Information is used, disclosed and destroyed.
POPI states that Personal Information may only be processed if – given the purpose for which it is processed – it is adequate, relevant and not excessive.
Park an Ad cc t/a Autohaus Angel is committed to protecting our client’s privacy and ensuring their Personal Information is used appropriately, transparently, securely and in accordance with applicable laws.
Procedure On How Personal Information Collected
Park an Ad cc t/a Autohaus Angel collects and processes clients’ Personal Information pertaining to clients’ needs. The type of information will depend on the need for which it is collected and will be processed for that purpose only.
Whenever possible, we will assist clients with distinguishing between optional information requests and required information requests.
Examples of the Personal Information we collect includes but is not limited to:
- Information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin,color, age, physical or mental health, well-being, disability, language and birth of the client/policy holder;
- Information relating to the education or the medical, financial, criminal or employment history of the client/policy holder;
- Identifying number, symbol, e-mail address, physical address, telephone number, location information or other assignment to the client/policy holder;
- Biometric information of the client/policy holder;
- Correspondence sent by the client/policy holder that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
- The views or opinions of another individual about the client/policy holder; and
- The name of the client/policy holder/investor if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the client/policy holder;
- The same details as referred to above as they relate to Employees
We have agreements in place with all our products suppliers, insurers and third-party service providers to ensure there is a mutual understanding about the protection of client Personal Information. Our suppliers are subject to the same regulations as we are.
We may also supplement the information provided with information we receive from other providers in order to offer a more consistent and personalized experience in clients’ interaction with us.
For purposes of this Policy, clients include potential and existing clients/policy holders.
How personal information is used
Clients Personal Information will only be used for the purpose for which it was collected and agreed. This may include:
- Providing products or services to clients and to carry out the transactions requested;
- For underwriting purposes;
- For assessing credit worthiness;
- Assessing and processing claims;
- Conducting credit reference searches or verification;
- Confirming, verifying and updating client’s details;
- For purposes of claims history;
- For the detection and prevention of fraud, crime, money laundering or other malpractice;
- Conducting market or customer satisfaction research;
- For audit and record keeping purposes;
- In connection with legal proceedings
- Providing our services to clients to carry out the services requested and to maintain and constantly improve the relationship;
- Providing communications in respect of (FSP) and regulatory matters that may affect clients; and
- In connection with and to comply with legal and regulatory requirements or when it is otherwise allowed by law.
In terms of the provisions of POPI, Personal Information may only be processed if certain conditions are met, which are listed below, along with supporting information for (FSP) processing for Personal Information:
- Client consents to the processing – consent only required where the information will be used for something other than the intended use for which the information is supplied by the client;
- The processing is necessary – in order to provide the client with the required insurance product;
- Processing complies with an obligation imposed by law on (FSP).
- Processing protects the legitimate interest of the client.
- Processing is necessary for pursuing the legitimate interest of (FSP) or of a third party to whom information is supplied. In order to provide our clients with products we need certain personal information from clients to provide expert products.
Disclosure of Personal Information
We may disclose clients’ Personal Information to our providers whose services or products clients elect to use.
We have agreements in place to ensure that they comply with confidentiality and privacy conditions.
We may also share client Personal Information with and obtain information about clients from third parties for the reasons already discussed in 2.4 above.
We may also disclose client’s information where we have a duty or a right to disclose in terms of applicable legislation, the law or where it is, may be necessary to protect our rights.
Safeguarding client information
It is a requirement of POPI to adequately protect the Personal Information we hold and to avoid unauthorised access and use of your Personal Information. We will continuously review our security controls and processesto ensure that your personal Information is secure.
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that your Personal Information is kept secure.
We may need to transfer your Personal Information to another country for processing or storage. We will ensure that anyone to whom we pass your personal information agrees to treat your information with a similar level of protection as afforded to you by us.
Access and correction of Personal Information
Clients have the right to access the Personal Information we hold about them. Clients also have the right to request us to update, correct or delete their Personal Information on reasonable grounds.
Once a client objects to the processing of their Personal Information, (FSP) may no longer process said Personal Information. We will take all reasonable steps to confirm our clients’ identity before providing details of their Personal Information or making changes to their personal Information
The details of our Information Officer and head office are as follows:
Information Officer Details
Deputy Information Officer Details
Head Office Details
449 Koeberg Road, Rugby,7405
Physical Address: 449 Koeberg Road, Rugby,7405
Consequences of Non-Adherence
Staff members who do not treat client information with the utmost confidentiality will be subject to disciplinary procedures.
Training and Awareness
All staff will be given access to and training on this policy.
This policy will be available to clients of Park an Ad cc t/a Autohaus Angel via our website / upon request.
This policy will be reviewed as and when required or at least once a year. Where material changes take place clients will be informed.
Whistle Blowing Policy
The policy is designed to deal with concerns raised in relation to specific issues, which are in the public interest, as set out hereunder, but fall outside Park an Ad cc t/a Autohaus Angel’s other policies and procedures.
This policy does not apply to personal grievances concerning an individual’s terms of employment or other aspects of the working relationship, or disciplinary matters. This policy deals with specific concerns, which are in the public interest and may include:
- An unlawful civil or criminal offence;
- Failure to comply with statutory obligations/requirements;
- Financial or non-financial mismanagement, fraud and corruption, including bribery;
- A risk (including a potential risk) to health and safety of any individual;
- Environmental damage;
- Unfair discrimination as contemplated in the Promotion of Equality and Prevention of Unfair Discrimination Act, No. 4 of 2000; or
- Attempts to conceal or suppress information relating to the above.
If it is determined during an investigation that the concern raised in terms of this policy does relate to an employment issue, the appropriate disciplinary procedures will be implemented.
The aim of the whistle-blowing procedure is to provide a formal framework for employees to raise concerns where they believe that there is misconduct or illegal activities within Park an Ad cc t/a Autohaus Angel.
The rules and procedures are designed to ensure a fair and consistent method of dealing with whistle-blowing issues raised by all staff and contractors.
Employees are often the first to realise that there may be “something seriously wrong” in the company for which they work. However, should they decide not to express their concerns because they may feel that speaking up would be disloyal to their colleagues or that it may be easier to ignore the concern rather than report what may just be a suspicion of misconduct, they could also be guilty of a serious offence.
An employee making disclosure in terms of this Policy may does so without fear or victimization and/or subsequent discrimination.
Park an Ad cc t/a Autohaus Angel is committed to the highest standards of transparency and accountability. It is therefore expected that all employees and representatives (including third parties) who have serious concerns about Park an Ad cc t/a Autohaus Angel’s business practices, to come forward and voice those concerns.
Harassment or Victimization
Park an Ad cc t/a Autohaus Angel acknowledges the fact that the decision to report a concern can be a difficult one to make, not least because of fear of reprisal from those responsible for the irregularity.
We will not tolerate harassment or victimization and will take action to protect employees when they raise a concern in good faith. This does not mean that if an employee is already the subject of disciplinary or other action, that action will be halted as a result of their whistle blowing.
Park an Ad cc t/a Autohaus Angel will take all necessary steps to protect an individual’s identity when he/she raises a concern and does not want their identity to be disclosed. It must be appreciated, however, that the investigation process may reveal the source of the information and a statement by the employee may be required as part of the evidence.
Park an Ad cc t/a Autohaus Angel encourages representatives to put their names to allegations. Concerns expressed anonymously are difficult to investigate; nevertheless, they will be followed up at the discretion of Park an Ad cc t/a Autohaus Angel. This discretion will be applied by considering the following:
- the seriousness of the issue raised;
- the credibility of the concern; and
- the likelihood of confirming the allegation.
Reporting and recording of disclosures
The first step will be for the employee to approach their immediate manager unless he/she or senior management is the subject of the complaint, in which case a member of the Managing Director should be informed.
Concerns are better raised in writing. The background and history of the concern, giving names, dates and places where possible should be set out and the reason why the individual is particularly concerned about the situation.
Employees are not expected to prove the truth of an allegation; they will need to demonstrate to the person contacted that there are enough grounds for concern.
Initial enquiries will be made to decide whether an investigation is appropriate and, if so, what form it should take.
This will be done individually on a case by case basis. The matters raised will either:
- Be investigated internally by management, internal audit, or through the disciplinary process; or
- Be referred to an independent outside service provider with the necessary specialist expertise and experience in dealing with the type of disclosure made.
Some concerns may be resolved by agreed action without the need for formal investigations. If urgent action is required, this will be taken, as far as is practicable, before any investigations are conducted.
The investigation and the duration thereof will depend on the nature of the matters raised, the difficulties involved and the level of detail of the information provided. If necessary and if the whistle blower consents thereto, further information will be sought from the whistle blower.
The investigations will, to the extent that it is possible, be handled in a confidential manner and will not be disclosed or discussed with any persons other than those with a legitimate right to such information.
Appropriate feedback will be provided to the whistle blower upon request.
All managers should discourage employees or other parties from making allegations, which are false and made with malicious intentions. Where such malicious, vexatious, or false allegations are discovered, the person who made the allegations will be subjected to firm disciplinary action, or other appropriate action in the case of external parties.
Reporting of Lesser Concerns
For some minor issues (e.g. personal use of Park an Ad cc t/a Autohaus Angel’s Wi-Fi etc.), employees should raise the concerns with their immediate manager. In general, however, the whistle blowing procedure is expected to be used for potentially more serious and sensitive issues (e.g. fraud and corruption).
Consequences of Non-Adherence
Employees who become aware of serious wrongdoing and do not report it, may themselves become guilty of an offence.
Training and Awareness
All staff will be given access to this policy.
This policy will be reviewed as and when required.
Complaints Management Policy and Procedure
The General Code of Conduct for Authorised Financial Services Providers and Representatives (“The Code”) issued under the Financial Advisory and Intermediary Services Act, 2000 (Act 37 of 2002) (“FAIS”), requires financial service providers to maintain an internal complaints resolution system and procedures based on the following:
- maintenance of a comprehensive complaints policy: outlining the provider’s commitment to, and system and procedures for, internal resolution of complaints;
- transparency and visibility: ensuring that clients have full knowledge of the procedures for resolution of their complaints;
- accessibility of facilities: ensuring the existence of easy access to such procedures at any office or branch of the provider open to clients, or through ancillary postal, fax, telephone or electronic help desk support;
- classification and analysis of complaints and corrective actions implemented;
- fairness: ensuring that a resolution of a complaint can during, and by means of, the resolution process be affected which is fair to both clients and the provider and its staff.
This notion concerns all clients and prospective clients of Park an Ad cc t/a Autohaus Angel.
The purpose of this policy is to document this complaints resolution system and procedures, and to assist staff with effectively facilitating complaints management and following the correct procedures when a complaint is received.
Types of Complaints
Complaints dealt with by FAIS traditionally related to a financial service rendered by a financial services provider or representative, and in which complaint it is alleged that the provider or representative:
- has contravened or failed to comply with a provision of this Act and that as a result thereof,the complainant has suffered, or is likely to suffer, financial prejudice or damage;
- has willfully or negligently rendered a financial service to the complainant which has caused prejudice or damage to the complainant or which is likely to result in such prejudice or damage; or
- has treated the complainant unfairly.
Complaints in terms of this policy also refers to any of the following categories:
- Product design and pricing (e.g. inadequate or too expensive);
- Lead generation (e.g. no response to lead);
- Sales and on-boarding (e.g. staff conduct);
- Fulfilment (e.g. documents not received);
- Premium Collections;
- Policy Maintenance (e.g. data capture errors);
- Underwriting (e.g. premium increase);
- Claims (e.g. process time);
- Cancellations (e.g. penalties applied);
- Retention (e.g. unable to renew / staff conduct); and/or
- Third parties and where applicable recoveries.
Policy 3.1 Policy Statement
Park an Ad cc t/a Autohaus Angel is dedicated to ensuring that all complaints received are resolved as quickly as possible in a fair and equitable manner.
3.2 How to Lodge a Complaint
Please lodge your complaint in writing to our complaints department: email@example.com or firstname.lastname@example.org
The complaint should contain enough details, including:
- the client details and the policy, account or member numbers that relate to the complaint;
- specific details about the nature of the complaint e.g. facts, dates and supporting documentation (i.e. letters, quotations, previous correspondence etc.) to enable us to deal with the complaint quickly and fairly;
- proof of any losses sustained;
- the solution / remedial action you believe is required to resolve the complaint.
3.3 Complaints Resolution
We will acknowledge receipt of the complaint in writing as soon as possible after receiving the complaint.
Where any complaint received pertains to something out of our control, e.g. product information or investment performance, we will forward the complaint to the product provider concerned and, where possible, facilitate the resolution process.
We will also investigate the complaint to ascertain whether the complaint can be resolved immediately:
– If the complaint can be resolved immediately, we will take the necessary action and advise accordingly.
– If the complaint cannot be resolved immediately, we will send you a written summary of the steps to be taken to resolve the matter and the expected date of resolution.
The complaint will be investigated, we will revert with our findings within three working days.
In the event that you are not satisfied with our solution, you may refer the complaint to Marcel Angel at email@example.com who may amend the solution or confirm it.
After the complaint has been referred to our Director and you are still not satisfied with the outcome, we will regard the complaint as being unsatisfactorily resolved. You may under such circumstances approach the office of the Ombud for Financial Services Providers or take such other steps as may be advised by your legal representatives.
3.4 Unresolved Complaints
In instances where we have not been able to arrive at a resolution within six weeks after you have lodged your complaint to us, the matter may automatically be referred to the Ombud. Such a matter must be referred to the Ombud within a period of six months.
The Ombud will not adjudicate in matters exceeding a value of R800 000.00.
The Ombud for Financial Services Providers may be contacted as follows:
+27 12 762 5000 / +27 12 470 9080
+27 86 764 1422 / +27 12 348 3447
Sussex Office Park, Ground Floor, Block B, 473 Lynnwood Road Cnr. Lynnwood Road & Sussex Ave, Lynnwood,0081
We will keep record of the complaint and maintain a full record of each complaint received. This record as well as all subsequent correspondence will be kept for 5 years as prescribed by relevant legislation.
Procedures Complaints Resolution
If the complaint is not in writing, enough information will be obtained verbally from the client to be submitted on the client’s behalf.
Report the complaint to the Compliance Officer / Accountant / Key Individual within the Company to immediately:
- Acknowledge receipt of the complaint;
- Determine if the complaint can be resolved immediately;
- Capture the complaint in the Complaints Register;
- Classify the complaint according to the complaint categories.
Thereafter the Compliance Officer / Accountant / Key Individual will:
- Investigate the complaint further;
- Resolve the complaint immediately or take the necessary action and advise the client of steps taken and expected date of resolution;
- Update the complaints register with all developments / activities.
After 3 weeks the client will be informed in writing of the resolution of the complaint and the outcome, or of the progress if the complaint requires further investigation.
The client must be notified of the outcome by no later than 6 weeks since the complaint was received. If the complaint cannot be resolved / is not resolved to the client’s satisfaction, we will advise the client of their right to lodge the complaint to the FAIS Ombud. The Ombud’s contact details must be provided and the client must be informed that they have a limited period of 6 months to lodge the complaint with the Ombud.
The complaints register will provide valuable information which requires root cause analysis of complaints common to certain categories.
This analysis will enable us to identify failings in control systems and poor staff or service provider performance, as well as the lack of skills or misconduct, for us to develop possible solutions.
The register will also enable us to track our TCF delivery.
Consequences of Non-Adherence
Disciplinary action will be taken against staff members who do not comply with this policy and related procedures.
Training and Awareness
Staff members will receive a copy of this policy on employment and will receive training on this policy if complaints management and handling falls in their scope of duties.
This policy will be reviewed as and when required.