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Privacy Policy

Version 1.0, 1 May 2017

1.         The Expert shall be provided with access to the customer’s information for purposes of rendering services and providing its products to the customer (“Customer”). This privacy policy (“Privacy Policy”) should be read with the terms of service (“Terms”) governing the relationship between the Expert and MoneyGurus. Words used and not defined in this Privacy Policy shall bear the meaning to given to such words in the Terms.  

2.         As part of rendering the Services to the customers you will be provided with access to private and confidential information of the Customers which includes personal and other information not accessible to the public (“Customer Data”). You agree to keep confidential and to protect Customer Data on the terms set out in this Privacy Policy.

3.         You shall:

  1. obtain, use and process the Customer Data in accordance with the laws of the South Africa applicable to privacy and confidentiality and protection of customer information;
  2. obtain, use and process the Customer Data only to the extent and in such a manner as is necessary for the purposes of providing the Services and in accordance with our or the Customer’s instructions from time to time and for no other purpose;
  3. not transfer the Customer Data or any copy of such data outside of MoneyGurus’ Service Channels without the prior written consent of MoneyGurus;
  4. not allow access to Customer Data by your personnel where such personnel is located outside South Africa without the prior written consent of MoneyGurus;
  5. not disclose or transfer any of the Customer Data to any third party, including subcontractors and affiliates, without our prior written consent;
  6. keep the Customer Data fully and securely segregated from the data of your other customers;
  7. inform MoneyGurus of any request you receive from any party for access to any person’s Customer Data within 2 business days of receiving such request.  The Parties acknowledge and agree that the Customer shall be responsible for dealing with such request from the party requesting the information and accordingly you shall provide the Customer with full co-operation and assistance in relation thereto;
  8. inform MoneyGurus immediately in the event of any loss or suspected or anticipated loss of  Customer Data caused by you, your subcontractors, employees, agents or any third party acting with your instructions or on your behalf  (“Data Loss Incident”) or any actual or anticipated risk in relation to Customer Data. In the event of a Data Loss Incident, you shall take all reasonable steps at no cost to us or the Customer to remedy or mitigate such loss and shall consult with the Customer in respect of such remediation and mitigation; and
  9. comply with all relevant laws in providing the Services (including in the handling, processing and storage of Customer Data) including but not limited to:
  10. Consumer Protection Act 68 of 2008
  11. Financial Advisory and Intermediary Services Act 37 of 2002;
  12. Financial Intelligence Centre Act 38 of 2001;
  13. National Credit Act 34 of 2005;and
  14.  Protection of Personal Information Act 4 of 2013 (“POPI”)
  15. Where the Customer has consented to you disclosing the Customer Data to a third party in accordance with clause 3(e), you shall procure that such Customer Data is only to be used and disclosed to the extent required for the proper performance of such third party’s duties and you shall ensure that it enforces this obligation.
  16. You warrant that you have (and shall procure that any subcontractor has) in place at all times appropriate technical and organisational security measures (including appropriate database software and equipment) to safeguard against any unauthorised or unlawful access, processing, use, disclosure, loss, theft, destruction or damage of the Customer Data (“Information Security”) and shall otherwise ensure that the Customer is not unduly prejudiced. 
  17. The provisions of this Privacy Policy shall survive for a period of five (5) years following disclosure of Customer Data to you.
  18.  You shall indemnify MoneyGurus and the Customer for any damages, losses, expenses, costs and other liabilities arising out of a Data Loss Incident or a breach of Information Security.
  19. To the extent that you provide or disclose any confidential information to MoneyGurus, it will protect your confidential information from unauthorised disclosure for a period of 5 (five) years from the date of disclosure of such information.