Privacy Policy - Monivation

1. Introduction

We, MONIVATION (Pty) Ltd, a South African Registered Company with Registration Number 2017/443129/07, (“we”/”our”) understand that your privacy is important to you and we are committed to safeguard the confidentiality and privacy of personal information entrusted to us.

This privacy policy tells you about when and what information we collect from you, as well as what we use it for. This policy is not limited to only when you use our website, but we have included other instances where we also may collect your personal information. In collecting this information, we are acting as a data controller and/or data processor/operator and, by law, we are required to provide you with information about us, about why and how we use your data, and about the rights you have over your data.

Your Information Privacy . . . Is our Priority!

2. Who is MONIVATION?

MONIVATION empowers businesses to succeed in an ever evolving regulated industry.

We offer specialised consulting, as well as technology through Compliance as a Service (CaaS). MONIVATION addresses the complexities that businesses face in adhering to and satisfying Governance, Risk and Compliance requirements, predominantly within the financial services industry. In addition, the MONIVATION platform serves as an aggregator to multiple platforms and solutions together, providing a single point of access (user interface) for the end-user, whilst providing an end-to-end audit trail of all such activities performed.

3. When do we collect Personal Information?

We collect information about you when:

You use this (or any other MONIVATION) website;
You enquire about, or engage with MONIVATION to provide services (either in a personal capacity, or as a representative of a company);
The use of your personal information is reasonably necessary to provide our services in terms of an agreement (in these circumstances, your personal information may be disclosed to us by our Client who may, for example, be your employer or service provider);
You apply for a position at MONIVATION;
You attend a MONIVATION hosted or sponsored event or webinar; and
You contact us with any other enquiry, complaint or notice.

4. What information do we collect & what do we use it for?

The following is a summary of the types of personal information we collect, and the purposes for which that information is used.

We collect your name, e-mail address, telephone number and any other personally identifiable information which you voluntarily provide as "comments" when you submit an enquiry through the "Contact Us" section.

We may also automatically collect personal information (through the use of Cookies or similar technologies, including your IP address, device identifier, browsing patterns on its websites, click stream data, and HTP protocol elements) to ensure the effective operation of the website or in order to align the presentation of our Services more closely to your requirements (for example, processing information about your broad geographic location to serve you with a local version of this website).

This tracking information is stored in an anonymous, aggregated and non-personal format, and is also used to understand and analyse trends, to administer the websites, and to learn about user behaviour on the websites. See “Cookies” below.

If you submit an enquiry to MONIVATION about our services (either over the website, or by emailing, telephoning or meeting with one of our colleagues), then we will process information such as your name, job title and contact information in order to respond to your enquiry.

If you attend a MONIVATION event or webinar, or if you associate with a MONIVATION colleague at, for example, an industry event, then MONIVATION may collect basic personal information, such as contact details, which you voluntarily provide (for example, by filling in a form or handing over a business card) in order to facilitate your participation in the event, and for the management of our relationship with you as an actual or prospective Client.

If you or the organisation you are associated with or becomes a MONIVATION Client, then we may process your personal information in order to:
• Perform "Know Your Client" checks and reputational risk screening prior to starting a new engagement (as well as basic contact information, this may mean processing compliance related information such as proof of your identity / legal existence, information about your professional background, history of directorships and, in some circumstance, details of any criminal convictions or adverse media coverage);
• Carry out Client communication, service, billing and administration; and
• Deal with Client complaints.

As discussed above, many of our services involve the processing of personal information for legitimate purposes. In the majority of cases, personal information is provided to us in strict confidence, subject to restrictive undertakings on its use / disclosure.

As part of MONIVATION’s service offering, our Digital Compliance Officer acts as an aggregator of multiple systems, platforms and/or third-party data sources, i.e. Credit Bureaus, through API integration. This enables us, subject to a written agreement, to provide our Client with a consolidated view of an individual and/or legal entity, which may include results relating to the identification and verification of personal information (such as names, surname, identity/passport number, date of birth, residential address, employment details, company registration details, company directors, adverse media screening, etc.) received from such systems and/or third-party data sources on behalf of our Client.

If you apply for a position with MONIVATION, we will need to collect personal information in order to consider your application, and during any interview and assessment phase.

Finally, if you contact us for any other reason, we will collect basic contact details, as well as any other personal information relevant to the reason for your enquiry, in order to resolve that enquiry.

5. What is our legal basis for collecting Personal Information?

All processing (i.e. use) of your personal information is justified by a "lawful basis" / “legitimate purpose” for processing. In the majority of cases, processing will be justified on the basis that:

You as the “data subject” has consented that your personal information can be used for a specified, explicitly defined and lawful purpose, i.e. marketing campaigns, newsletters, adverse media screening, employment checks, criminal record checks;
The processing is necessary for us to comply with a relevant legal obligation (e.g. where we are required to collect certain information about our clients for regulatory purposes, or where we are required to make disclosures to courts or regulators);
The processing is necessary for the performance of a task carried out in the public interest (e.g. background checks for anti-money laundering and terrorist financing purposes); or
The processing is in our legitimate interests, subject to due consideration for your interests and fundamental rights (this is the basis we rely upon for the majority of the processing of personal information in connection with the provision of our Services, and also for the purposes of most client on-boarding, administration and relationship management activities).

6. Disclosure of Personal Information to Third Parties

We will not disclose your personal information to third parties other than as described in this Privacy Policy, unless MONIVATION has your permission or is required or permitted by law. Similarly, third party contractors, consultants and/or vendors engaged by MONIVATION to provide services may have access to your personal information. These third parties will be subject to their own data protection requirements providing the same or greater level of security provided by MONIVATION and in most instances will also have entered into a written agreement with MONIVATION which addresses the protection of your personal information.

6.1 Data Providers and/or Credit Bureaus

As mentioned in paragraph 4.3 above, your personal information may be disclosed to us by our Client, with your consent and/or for a permitted purpose, who may, for example, be your employer/service provider as stated above. In providing our services to such Client and in terms of a written agreement, acting on behalf of your Client as an “operator” and/or “sub-processor”, MONIVATION may share identifiers (including name, data of birth, current and previous addresses) of your personal information with registered data providers and/or credit bureaus in order to find and return additional information about you.

For purposes of the Client relationship, MONIVATION may share your personal information, subject to a written agreement, a permissible purpose and/or your consent, with any one or more of the following data providers and/or credit reference agencies, depending on the particular outcome pursued and/or jurisdiction involved. Please find more information regarding them by clicking on the consumer name/links:

Credit Bureaus / Data Providers:

Consumer Profile Bureau (CPB)	SearchWorks	GB Group
Trans Union South Africa	Trans Union United Kingdom	RDC
Dow Jones

We may also disclose your personal information for the purposes of:

Responding to requests from law enforcement agencies, regulators or courts, or to subpoenas, search warrants, or other legal requests;
The prevention and/or detection of crime;
Establishing legal rights or to investigate or pursue legal claims; and/or
Preventing risk of harm to an individual.

7. Cookies

When you use our website to browse our company and services, a number of cookies are used by us and by third parties to allow the website to function, to collect useful information about visitors and to help to make your user experience better.

Cookies are small computer files that may be stored on your computer’s hard drive or embedded in our website pages that enable us to identify you and track your visit on the Website. Some of the cookies we use are strictly necessary for our website to function, and we don’t ask for your consent to place these on your computer. However, for those cookies that are useful but not strictly necessary we will always ask for your consent before placing them.

You may disable cookies on your computer by changing the settings in the preferences or options menu in your browser. If you choose to disable cookies, you may not be able to access certain areas of the Website.

8. Marketing

We may send you information related to its services, products and events that we believe are of interest to you. This information may be sent by post or via email. If at any point you no longer prefer to receive marketing communications from MONIVATION you can (i) unsubscribe from MONIVATION communications sent by email using a link provided in marketing emails sent from MONIVATION representatives; or (ii) contact us to exercise your right to prevent all forms of marketing (both post and email).

9. Links to Third Party Websites

Our website may contain links to other sites, that are governed by other privacy policies that may differ somewhat from this one. Users should review the privacy policy of each website visited before disclosing any personal information. To the extent that MONIVATION provides links to third party websites, such links do not constitute an endorsement, sponsorship, or recommendation by MONIVATION of the third parties, the third party websites, or the information contained on those websites, and MONIVATION is not responsible or liable for your use of such third party websites. Where appropriate you should review the privacy polices of any websites or applications before submitting personal information.

10. Retention of your Personal Information

MONIVATION retains your personal information for the period of time required for the purposes for which it was collected, any compatible purposes which we subsequently establish, or any new purposes to which you subsequently consent, or to comply with legal, regulatory and MONIVATION policy requirements.

Records of personal information, whether obtained through our website, from a Client or any other means, is therefore not retained any longer than is necessary for achieving the purpose for which the information was collected. Our services do not include the management of content / cloud storage solutions, storing personal information, on behalf of our Clients.

11. Your rights as a Data Subject

If your personal information is processed by MONIVATION in South Africa under the Protection of Personal Information Act 4 of 2013 (POPIA) or any other jurisdiction that has adopted the EU’s General Data Protection Regulations (GDPR) or similar rules, then, subject to certain exemptions, and dependent on how and why we use it, you have certain rights in relation to your personal information.

You can exercise your rights by contacting us. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly or inform you if we require further information in order to fulfill your request.

We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

You have the following rights:

11.1 Right to Access:

You have the right to access personal information which MONIVATION holds about you, together with certain information about how and why your personal information is processed.
11.2 Right to Rectification:

You have a right to request us to correct your personal information where it is inaccurate or out of date.
11.3 Right to be Forgotten (Right to Erasure):

You have the right under certain circumstances to have your personal information erased. Your information can only be erased if it is no longer necessary for the purpose for which it was collected, and we have no other legal ground for processing the information.
11.4 Right to Restrict Processing:
You have the right to restrict the processing of your personal information, but only where:
- Its accuracy is contested, to allow us to verify its accuracy; or
- The processing is unlawful, but you do not want it erased; or
- It is no longer needed for the purposes for which it was collected, but we still need it to establish, exercise or defend legal claims; or
- You have exercised the right to object, and verification of overriding grounds is pending.
11.5 Right to Data Portability:

You have the right to data portability, which requires us to provide personal information to you or another controller in a commonly used, machine readable format, but only where the processing of that information is based on (i) consent; or (ii) the performance of a contract to which you are a party. Please note that the performance of a contract basis will only be relevant to the extent that you, as an individual, are party to a contract with MONIVATION or a client, and our use of your personal information is necessary for the performance of that contract.
11.6 Right to Object to Processing:

You have the right to object to the processing of your personal information at any time, but only where that processing is based on our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

MONIVATION will make all reasonable and practical efforts to comply with your request, so long as it is consistent with applicable law and professional standards. In addition, under applicable local law you may have the legal right to lodge a complaint with the relevant supervisory authority or local data protection authority – Information Regulator.

12. Cross Border Transfers of Information

In the instance that personal information is transferred cross-border, MONIVATION will take appropriate steps ensure that transfers of personal information are in accordance with applicable law and carefully managed to protect your privacy rights and interests and transfers are limited to countries which are recognized as providing an adequate level of legal protection or where we can be satisfied that alternative arrangement are in place to protect your privacy rights.

13. Changes to this Policy

By using our website you consent to the collection, use and storage of personal information as described in this Privacy Policy and elsewhere on the websites. MONIVATION reserves the right to make changes to this Website Privacy Policy from time to time. MONIVATION will notify you by posting amendments to the Privacy Policy on this website.

14. Contact Us

If you have questions or concerns regarding this policy, please contact MONIVATION’s Information Protection Officer below or at [email protected].