Protection of personal information act
V1.1 – 25 Aug 2020
At Monitor Administrators (Pty) Ltd (“Monitor”, “we”, “us”, or “our”), we respect your rights to privacy and are committed to the lawful processing of your Personal Information, in accordance with the Protection of Personal Information Act (“POPI”) and any other applicable privacy legislation.
The purpose of this policy is to describe the way we collect, store, use, or otherwise process, and protect your Personal Information.
In its capacity as an authorised Financial Services Provider (FSP 17824), Monitor operates as an insurance administrator, underwriting manager and provider of other insurance intermediary services, subject to the requirements of the Financial Sector Conduct Authority (FSCA) and all applicable insurance legislation, as amended.
This policy applies to any natural or juristic person whose Personal Information Monitor, in its capacity as a Responsible Party, collects, uses, shares or otherwise processes, in order to discharge its contractual, regulatory and/or legal obligations. This policy should be read and interpreted in conjunction with any other policy schedule, policy wording, disclosure notice or other terms and conditions between Monitor and yourself.
We may amend this policy from time to time. Where material changes are made, we will notify you, however you should review this policy from time to time to note any amendments.
“Data Subject” (“you” or “your”) means the person to whom personal information relates, for example insurance policy holders and employees;
“Operator” means a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party, for example insurance assessors;
“Personal Information” means personal information relating to an identifiable, living, natural person, and where applicable, and identifiable, existing juristic person;
“Person/s” means a natural or juristic person;
“Processing” means any operation or activity or any set of operations;
“Responsible Party” means Monitor, who determines, either on its own or as joint-responsible party with any other responsible parties, the purpose of and means for processing personal information.
When you engage with us, whether directly or through a third party, you are entrusting us with the collection of your Personal Information, either with your consent or where such collecting is justifiable and in a lawful and reasonable manner that does not infringe rights to privacy.
The Personal Information we collect about you is dependent on the transaction you may be completing or enquiring about, the reason we may be communicating with each other or through third parties, and the channel and form used to communicate with us, which may include requesting an insurance quotation, processing a claim, applying for our vacancies, lodging a complaint, updating you regarding a policy, or otherwise engaging with each other for business related purposes, whether telephonically, via email or through other means.
The types of Personal Information we collect in relation to our business activities includes, but is not limited to, those listed in Annexure A.
We collect Personal Information related to you directly from you as far as possible, however certain Personal Information may be collected from third parties where necessary, including but not limited to references, insurance brokers, credit records from credit bureaus, criminal records and claims history. Where Personal Information is collected from third parties this will be either with your consent or for another lawful reason.
The supply of Personal Information to us is voluntary, however should you elect to not provide us with the required Personal Information we may not be able to assist you with insurance related services, support, claims, employment or other transactions.
Where you provide us with Personal Information it is your responsibility to ensure that such Personal Information is complete, accurate, and not misleading, failing which we reserve the right to not engage further with you or to terminate services or product transactions with you.
We will only use your Personal Information for purposes related to the reason it was collected, or where we have lawful justification to do so. We will only use your Personal Information with your consent, or where collection is necessary to comply with the obligations contained in an agreement (such as an insurance policy or an employment contract) between you and us, or in pursuing our legitimate interest, or those of third parties with whom we conduct legitimate business.
By providing us with your Personal Information or granting us access thereto, you consent to us communicating with you electronically with regards to any matters pertaining to the products or services that we provide to you.
The reasons that we may use your Personal Information are directly or indirectly related to the purposes indicated in Annexure A.
We may share certain of your Personal Information with other Persons, including Operators, for lawful Processing including, but not limited to, third party service providers, claims assessors, insurers, brokers, credit bureaus, legal advisors, consultants, regulators, and other parties engaged in activities relating to or ancillary to the provision and supply of Monitor’s services. Operators are contractually obliged to apply industry standards and POPI compliant security measures to the Personal Information that they process.
We will not retain your Personal Information for longer than it is necessary considering the purpose for which it was collected or for other lawfully permissible reasons, including where retention is required by legal, regulatory or contractual obligations, for historical or statistical purposes. Your Personal Information will be appropriately destroyed, deleted or de-identified after we are no longer required or permitted to retain it.
Monitor always strives to secure the integrity and confidentiality of Personal Information in our possession or under our control by taking appropriate, reasonable technical and organisational measures to prevent unlawful access to or processing of, loss of, damage to or unauthorised destruction of Personal Information.
Where your Personal Information is processed by an Operator or third party, they will be contractually obligated to treat such Personal Information as confidential and will be obliged not to disclose it, unless required by law or in the course of the performance of their contractual duties. They will also be required to establish and maintain the appropriate security measures contained in POPI.
Your Personal Information may at times be transferred to a foreign country or international companies where this is necessary for the provision of our services to you, in which case the level of protection afforded to the Personal Information by that third country or international organisation will be maintained at the same level of security that we are obliged to afford you.
We may transfer your Personal Information outside of South Africa where you provide us with an email address that is hosted outside of South Africa or we make use of internationally based systems (including cloud services) in order to administer services.
You have the right, after providing adequate proof of identity and following the correct procedures described in this clause 10, to request:
You have the right to request Monitor to
Withdrawal of consent or objection to processing Personal Information
You have the right to withdraw your consent for us to process your Personal Information, and to object to us processing your Personal Information, unless legislation permits such processing.
For the procedure on how to access your rights, refer to Monitor’s Promotion of Access to Information (“PAIA”) manual, which is located on our website of www.monitorsa.co.za. Please note that we are legally permitted to charge a reasonable fee to process your request, where applicable.
Should you have a complaint regarding your Personal Information you may direct your correspondence to Monitor’s Information Officer:
Monitor Administrators (Pty) Limited
Attention: Chief Information Officer
Phone: 031 818 0000
If you are not satisfied with the internal resolution of your complaint regarding your Personal Information you have the right to lodge a complaint with the Information Regulator: Email: email@example.com
Purpose of collection of Personal Information
Personal Information collected
Law requiring/authorizing collection of Personal Information
Recruitment, Employment and matters related thereto
Names, ID numbers, date of birth, address, age, race, gender, employment history, qualifications, references, training records, remuneration records, leave records, disciplinary records, health information, next of kin details, banking details, tax reference numbers
Labour Relations Act;
Basic Conditions of Employment Act, Employment Equity Act, Skills Development Act, Compensation for Occupational Injuries and Diseases Act, Health & Safety Act, Unemployment Insurance and Tax legislation
Employment related: Fit and proper requirements in terms of FAIS for representatives
Criminal and credit history records
Financial Advisory and Intermediary Services Act
Conducting business as Financial Services Provider for policy holders: Insurance quotations, risk assessment and analysis, issuance of policies and processing of claims, tracing, fraud prevention, quality assurance, communication and matters related thereto
Names, ID/Passport numbers, date of birth, address, banking details, address, age, email address, telephone and mobile numbers, gender, claims history, details of previous insurance cover, details pertaining to insured property and items.
Financial Advisory and Intermediary Services Act; The Financial Intelligence Centre Act, Consumer Protection Act
Conducting business as Financial Services Provider with brokers, insurers, suppliers and service providers related thereto
Names, ID/Passport numbers, address, banking details, authorizing licenses, applicable FICA information including ownership structures and details, source of income, etc.