PROTECTION OF PERSONAL INFORMATION POLICY

PERSONAL INFORMATION

Personal information is collected only when an individual knowingly and voluntarily submits information. Personal Information may be required to provide an individual with further services or to answer any requests or enquiries relating to this service.

It is the intention of Crawford Dougall Insurance Brokers (Pty) Ltd that this policy will protect an individual’s personal information from being prejudiced in any way and this policy is consistent with the privacy laws applicable in South Africa.

Crawford Dougall Insurance Brokers (Pty) Ltd collects, stores and use the personal information provide by an individual, in order to provide an estimated insurance quotation.

USE OF INFORMATION

Crawford Dougall Insurance Brokers (Pty) Ltd needs to collect personal or other information:

Personal information that an individual submits is used only for the purpose of insurance services.

Copies of correspondence that may contain personal information, is stored in archives for record-keeping and back-up purposes only.

Crawford Dougall Insurance Brokers (Pty) Ltd will not use an individual’s personal information for any other purposes without the individual’s consent.

SECURITY

Crawford Dougall Insurance Brokers (Pty) Ltd strives to ensure the security, integrity and privacy of personal information submitted. 

Crawford Dougall Insurance Brokers (Pty) Ltd will review and update its security measures in accordance with future legislation and technological advances. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure, however, Crawford Dougall Insurance Brokers (Pty) Ltd will endeavour to take all reasonable steps to protect the personal information, which an individual submits to Crawford Dougall Insurance Brokers (Pty) Ltd or to our online products and services. 

Crawford Dougall Insurance Brokers (Pty) Ltd will at all times set the highest standards to ensure the integrity of their systems. Crawford Dougall Insurance Brokers (Pty) Ltd may engage with other organizations to provide support services. Third Parties are obliged to respect the confidentiality of any personal information held by Crawford Dougall Insurance Brokers (Pty) Ltd. A Service Level agreement is in place with all third parties to ensure adherence to all Privacy Policies.

Crawford Dougall Insurance Brokers (Pty) Ltd employees are obliged to respect the confidentiality of any personal information held by Crawford Dougall Insurance Brokers (Pty) Ltd.

All employees are required to sign an employment contract which includes a confidentiality clause.  

Crawford Dougall Insurance Brokers (Pty) Ltd will not reveal any personal information to anyone unless:

Crawford Dougall Insurance Brokers (Pty) Ltd endeavours to take all reasonable steps to keep secure any information which they hold about an individual, and to keep this information accurate and up to date. If at any time, an individual discovers that information gathered about them is incorrect, they may contact us to have the information corrected.

Crawford Dougall Insurance Brokers (Pty) Ltd recognizes the importance of protecting the privacy of information collected about individuals, in particular information that is capable of identifying an individual (“personal information”).

CONTACT INFORMATION

Any questions relating to Crawford Dougall Insurance Brokers (Pty) Ltd privacy policy or the treatment of an individual’s personal data may be addressed to the contact details below:

Information officer: Simon Dougall

Telephone number: +27 31 207 3272

Physical address: 1st Floor, 130 Adelaide Tambo Drive, Durban North, Durban, South Africa, 4051

Email address: Simon@dougall.co.za

RECORD KEEPING POLICY

Section 18 of the FAIS Act requires that an authorised FSP must keep certain records for five years (unless the Registrar granted an exemption in this regard). 

These records include the following: 

1. Records of known premature cancellations of transactions or financial products by clients of the FSP. 
2. Records of complaints received and information on whether the complaints have been resolved. 
3. Records of ongoing compliance with the requirements of Section 8 of the FAIS Act. Section 8 refers to licensing requirements and the elements of fit and proper. 
4. Records of instances of non-compliance with the Act as well as reasons for non-compliance. 
5. Records of ongoing compliance by representatives as required by Section 13(1) and (2) of the Act. Representatives must have the necessary documentation to confirm that they represent the FSP in terms of a mandate or contract and that the FSP accepts responsibility for the activities of the representatives accordingly. There must be adequate processes and systems in place to ensure continued fitness and propriety of key individuals and representatives.

Record-keeping obligations in terms of the FAIS General Code of Conduct 

In addition to the record-keeping requirements in terms of the FAIS Act itself, the FAIS 

General Code has the following requirements:


1. The FSP must have adequate systems and procedures in place to record verbal and written communications relating to the provisions of financial services to clients. The records must be kept in accordance with the requirements of Section 3(2)(a) of the General Code. 
Telephonic conversations regarding the provision of financial services must be recorded and the records kept for five years, subject to point 8 below. 

2. The FSP must be able to retrieve the records and other material documentation relating to clients or financial services. 
When the Registrar needs access to records of clients and/or financial services provided (such as the record of advice) this must be produced within the required time period (seven days). 

3. The records and documentation must be kept safe from destruction. 
This requirement is also part of the risk management systems and procedures which must be put in place in terms of Section 11 of the General Code. Banks and insurance companies have obligations to ensure that documentation must be kept safe from destruction and it is 
important that the FAIS Act requirements are included in these arrangements. This is also covered in Section 18 of the Act which we discussed above.

4. The records must be kept for five years after the termination of the product, to the knowledge of the FSP or in any other case after the rendering of the financial service.

5. Record-keeping may be outsourced as long as the records are available for inspection within seven days of such a request by the Registrar. 
Telephonic conversations regarding the provision of financial services must be recorded and the records kept for five years, subject to point 8 below 
The General Code makes provision that FSPs may outsource their record-keeping to third parties. The condition is that the FSP is able to meet all the requirements regarding record-keeping and retrieval of records if the function is outsourced. These requirements should therefore be included in the agreements between the FSP and third party to enable the FSP to meet the legislative requirements. 

6. It is permissible to keep records in an appropriate electronic or recorded format, as long as it is accessible and can be easily converted to a written or printable format. 

There must be provision in the systems and procedures for an FSP to access and convert voice-logged records to a written format if required. In certain instances, clients must be given a copy of the voice recording if the request comes before the FSP could convert it to written format (see point 9 below)

7. The FSP must maintain a record of advice furnished to a client. 








This record must reflect: A brief summary of the information on which the advice was based; The financial product considered; The product(s) recommended with an explanation of why the product(s) is or are likely to satisfy the client’s needs;Where a replacement product is recommended, a detailed comparison of all aspects pertaining to the two products. The record of advice only has to be maintained where a transaction or contract in respect of financial products is concluded. 

TELEPHONIC RECORDS 

8. If an FSP advertises a financial service by telephone, an electronic, voice-logged record of all communications must be maintained. If no financial service is provided within 45 days of the telephonic advertisement, the record may be discarded. 

9. Clients must be able to get copies of the telephonic advertisement records within seven (7) days of request.