Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Monocle Solutions, 3 Lower Road, Morningside, Sandton, Johannesburg, 2196. For the purpose of the GDPR, the Company is the Data Controller.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Service or parts of our Service.
• Website refers to Monocle Solutions, accessible from www.monocle.co.za
• Service refers to the Website.
• Country refers to: South Africa
• Service Provider Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

 

• Email address
• First name and last name
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies in the “What Are Cookies” article.

We use both session and persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies

Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies

Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

• Tracking and Performance Cookies

Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

 

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to advertise on third party websites to You after You visited our Service, to contact You.
• For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see You name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

 

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service.

· Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us.

We may use Email Marketing Service Providers to manage and send emails to You.

The Company uses remarketing services to advertise on third party websites to You after You visited our Service. We and Our third-party vendors use cookies to inform, optimize and serve ads based on Your past visits to our Service.

· Google Ads (AdWords)

Google Ads (AdWords) remarketing service is provided by Google Inc.

You can opt-out of Google Analytics for Display Advertising and customise the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads

Google also recommends installing the Google Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout - for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

· Consent: You have given Your consent for processing Personal Data for one or more specific purposes.

· Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

· Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.

· Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.

· Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.

· Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

· Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.

· Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.

· Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.

· Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.

· Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

· Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

Exercising of Your GDPR Data Protection Rights

You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.

You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

· By email: info@monocle.co.za

The Promotion of Access to Information Act, 2000 (the “Act”) provides third parties the right to approach private bodies to request information held by them, which is required in the exercise and/or protection of any rights. On request, the private body is obliged to release such information unless the Act expressly states that the records containing such information may not be released. This manual informs requestors of procedures and other requirements which a request must meet as prescribed by the Act and Monocle.

The Promotion of Access to Information Act, 2000 (the “Act”) provides third parties the right to approach private bodies to request information held by them, which is required in the exercise and/or protection of any rights. On request, the private body is obliged to release such information unless the Act expressly states that the records containing such information may not be released. This manual informs requestors of procedures and other requirements which a request must meet as prescribed by the Act and Monocle.

1.1 NATURE OF BUSINESS

The company is a management consulting firm in the banking and insurance industry that designs fit-for-purpose solutions for its clients.

1.2 INFORMATION OFFICER

Information Officer:

Deputy Information Officer:

Physical Address:       13th Floor, Greenpark Corner,
                                        3 Lower Road,
                                        Morningside, Sandton,
                                        Gauteng,
                                        South Africa 

Telephone Number:  +27 11 263 5800  

Facsimile Number:    +27 11 263 5811 

Email address:             info@monocle.co.za

Section 10 of the Promotion of Access to Information Act, 2000 stipulates that the South African Human Rights Commission must compile a guide on how to use PAIA. The guide contains information which may be reasonably required by a person who wishes to exercise any right contemplated in the Act. This guide is available from the South African Human Rights Commission.

Please direct any queries to:

The South African Human Rights Commission: PAIA Unit

The Research and Documentation Department
Private Bag 2700
Houghton
2041

Telephone: 011-877 3600

Fax: 011-403 0668
Website: www.sahrc.org.za
E-mail: PAIA@sahrc.org.za

Request for access to personal information held by Monocle Solutions is permitted only upon meeting access requirements as stipulated by Monocle. According to the PAIA Act, two requesters are distinguished:

Personal Requester

A personal requester is a requester who is seeking access to a record containing personal information about the requester. Subject to the provisions of the Act and applicable law, Monocle Solutions will provide the requested information, or give access to any record about the requester’s personal information. A prescribed fee for reproduction of the information requested will be charged by Monocle.

Other Requester

This requester (other than a personal requester) is entitled to request access to information pertaining to third parties. However, the Monocle Solutions is not obliged to grant access prior to the requester fulfilling the requirements for access in terms of the Act. A prescribed fee for reproduction of the information requested will be charged by Monocle.

3.1 VOLUNTARY DISCLOSURE NOTICE

The Information Officer may, voluntarily or on a periodic basis create a list of information that is readily available without a formal request. (Not compulsory).

3.2 REQUEST PROCEDURE

A requester must comply with all the procedural requirements contained in the Act relating to a request for access to personal information held by Monocle Solutions. A requester must complete the prescribed form

enclosed herewith in Annexure 1 and submit same as well as payment of a request fee and a deposit, if applicable to the Information Officer at the postal or physical address, fax number or email address stated herein.

The prescribed form must be filled in with enough particularity as stated below, (including but not limited to) to enable the Information Officer to identify:

- The record or records requested;
- The identity of the requester;
- What form of access is required; and
- The postal address and/or email address of the requester.

Monocle Solutions will process a request within a period of 30 business days, unless the requestor has stated particular reasons which would satisfy the Information Officer that circumstances dictate that this period not be complied with. The 30 day period within which the Company has to decide whether to grant or refuse a request, may be extended for a further period of not more than 30 business days if the request is for a large quantity of information, or the request requires a search for information archived or held at another office of Monocle and the information cannot reasonably be obtained within the original 30 day period.
Monocle Solutions will, within 30 business days of receipt of a request, decide whether to grant or decline a request and give written notice with reasons (if required) to that effect.

If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer.
If an individual is unable to complete the prescribed form due to illiteracy or disability, such a person may make the request orally to the Information Officer.

3.3 RIGHTS TO BE EXERCISED

A requester must state that he or she requires the information to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. The requester must also provide an explanation of why the requested record is required for the exercise or protection of that right.

Section 32 of the Constitution of South Africa, Access to Information states that everyone has the right of access to any information held by the State, as well as any information that is held by another person, which is required for the exercise or protection of any rights as stipulated by the Bill of rights (subject to Section 36, Limitation of Rights).

According to the Protection of Personal Information Act 4 of 2013, a data subject has (including but not limited to) the following rights;

• to determine whether a responsible party holds personal information of that data subject and to request access to his, her or its personal information;

• to request, where necessary, the correction, destruction or deletion of his, her or its personal information;

• to object, on reasonable grounds relating to his, her or its particular situation to the processing of his, her or its personal information);

• to submit a complaint to the Regulator regarding the alleged interference with the protection of the personal information of any data subject or to submit a complaint to the Regulator in respect of a determination of an adjudicator and

• to institute civil proceedings regarding the alleged interference with the protection of his, her or its personal information.

These are the categories of records held by Monocle Solutions (including but not limited to);

4.1 COMPANIES ACT RECORDS

• Memorandum of Incorporation

• Minutes of Board of Directors meetings

• Records relating to the appointment of directors / auditors

• Shareholder Register

4.2 PERSONNEL DOCUMENTS AND RECORDS

•  Employment contracts

• • Employment Equity Plan /BEE

• • Disciplinary documentation

• • Disciplinary procedure and process

• • Salary documentation

• • Leave documentation

• • Training Manuals

4.3 FINANCIAL RECORDS

• Accounting Records

• Asset Register

• Bank Statements

• Electronic banking record

• Invoices

• Rental Agreements

• Tax Returns

4.4 TAX RECORDS

• PAYE Records

• Documents issued to employees for income tax purposes

• Records of payments made to SARS on behalf of employees

• VAT

• Skills Development Levies

• UIF

4.5 BUSINESS OPERATIONS RECORDS

• Client Proposals

• Onboarding Documentation

• Client Contracts

• Client leads

5.1 INTERNAL REMEDIES

Monocle Solution’s internal procedures and remedies does not have internal appeal procedures. As such, the decision made by the Information Officer pertaining to a request is final, and requestors will have to exercise such external remedies at their disposal if a request is refused, and the requestor is not satisfied with the response provided by the information officer.

5.2 EXTERNAL REMEDIES

In the event that a requestor is unsatisfied with the Information Officer’s refusal to disclose information, he/she may within 30 days of notification of the decision, apply to a court for relief. Likewise, a third party(other requestor) unsatisfied with the Information Officer’s decision to grant a request for information, he/she may within 30 days of notification of the decision, apply to a court for relief.

Information of Monocle Solutions and other legal entities in which the Monocle Solutions has a direct controlling interest or an indirect controlling interest through its other location offices may be kept by or on behalf of the Monocle in accordance with the following (including but not limited to) legislation, as well as with other legislation that may apply to the Monocle and/or its location offices from time to time:

Basic Conditions of Employment Act 57 of 1997

Broad-based Black Economic Empowerment Act 53 of 2003
Companies Act 71 of 2008

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Copyright Act 98 of 1978

Electronic Communications and Transactions Act 25 of 2002

Employment Equity Act 55 of 1998

Financial Intelligence Centre Act 38 of 2001

Financial Institutions (Protection of Funds) Act 28 of 2001

Financial Services Board Act 97 of 1990

Income Tax Act 58 of 1962

Inspection of Financial Institutions Act 80 of 1998

Labour Relations Act 66 of 1995

Occupational Health and Safety Act 85 of 1993

Promotion of Access to Information Act 2 of 2000

Protected Disclosures Act 26 of 2000

Skills Development Act 97 of 1998

Skills Development Levy Act 9 of 1999

Securities Transfer Tax Act 25 of 2007

Securities Transfer Tax Administration Act 26 of 2007

Unemployment Insurance Act 30 of 1966

Unemployment Insurance Contributions Act 4 of 2002

Value Added Tax Act 89 of 1991

This manual is available for inspection (at no fee), on reasonable prior notice and during office hours, at the office of the company;

13th Floor, Greenpark Corner,
3 Lower Road,
Morningside, Sandton,
Gauteng,
South Africa