Privacy policy

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Data protection and disclosure of information

As part of our day-to-day business, we need to collect personal information from our clients and potential clients to ensure that we can meet their needs for a range of financial services and provide them with information about our services.

 

Your privacy is important to us, and it is our policy to respect the confidentiality of your information and the privacy of other persons, whether natural or juristic. This notice outlines how we manage your personal information and details your rights in respect of us processing your personal information.

 

We process your information in terms of our Protection of Information Policy.

Defined terms provided herein are defined within the Protection of Personal Information Act, 2013, as may be amended or substituted from time to time ("POPIA").

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Who are we?

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This Privacy Notice applies to the processing activities of HAYRICK (Pty) Ltd, its subsidiaries and affiliated entities ("HAYRICK"). HAYRICK is the party responsible for the processing of your Personal Information.

 

Any reference to 'us', 'our', 'we' in this Privacy Notice is a reference HAYRICK. Similarly, any reference to ‘you', 'your', 'yours' or 'yourself' in this Privacy Notice is a reference to any of our clients and potential clients as a Data Subject.

 

Our Privacy Notice will be reviewed from time to time to take account of new obligations, technology, changes to our operations and practices, and to make sure it remains appropriate to the everchanging environment.

 

What kind of personal information do we collect?

We collect information necessary to fulfil our obligations to our clients in the course of providing a range of financial services.

 

We may collect the following types of information about you:

 

Name, address and contact details, date of birth and gender, information about your income and wealth including details about your assets and liabilities, account balances, trading statements, tax and financial statements, bank details, education and qualifications, employment details including employment history, family details, lifestyle and social circumstance, location data, any other similar information.

On occasion the following sensitive Personal Information may be obtained: physical or mental health details, political opinion, trade union membership, racial or ethnic origin, religious or philosophical beliefs, sexual orientation, genetic data and /or biometric data. We will only obtain and process this information with your express consent as set out in the relevant contractual terms, including but not limited to our General Business Terms or other agreements entered into with you.

 

 

We also keep records of your trading behaviour, including a record of

  1. products you trade with us and their performance
  2. products we trade on your behalf and their performance
  3. historical data about the trades and investments you have made.

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Much of this information is collected in compliance with our regulatory duties. This includes our obligation to verify the identity of clients and to maintain records of regulated business, including a record of products you invest in and historical data about investments you have made in the past. If you chose not to provide the information required, we may not be able to provide you with the requested product or service.

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If you provide us with any Personal Information relating to a third party (e.g. information of your spouse, children, parents, employees, and/or persons associated with your company, organisation or trust etc.), by submitting such information to us, you represent to us that you have obtained their consent to dose.

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It must be noted that HAYRICK may receive Personal Information, whether as a direct client, or potential client, or as a related party to a direct client, or potential client. In this instance, should you provide any information pertaining to a minor, you confirm that you have the necessary competency to provide this information to HAYRICK and the necessary authority to consent to HAYRICK processing such information for and on behalf of such a minor.

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How is the personal information obtained?

We obtain your information in a number of ways, for example through your use of our services or other dealings with us, including through the account opening process and from information provided during the course of ongoing client service correspondence and due diligence. We may also collect personal information about you from third parties through publicly available sources. Additionally, we may obtain Personal Information about you through your use of our websites, applications, or using cookies on our websites, in particular by recording your activity and which pages you look at on our websites (please see below on Cookies).

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We may record any communications with you including electronic, telephonic, in person or otherwise, which will constitute evidence of the communications between us. This information is collected in compliance with our regulatory duties in relation to our record-keeping obligations. Please note, that such telephone conversations may be recorded without the use of a warning tone or any other further notice. It should also be noted that, if you visit any of our offices or premises, we may have CCTV cameras which may record your image and conversations.

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What lawful basis do we rely on?

We may be required to collect and use certain types of Personal Information to comply with the requirements of the law and/or regulations, however we are committed to processing all Personal Information in accordance with POPIA and the General Data Protection Regulation ("GDPR"), UK data protection laws and any other relevant data protection laws and codes of conduct (herein collectively referred to as "the data protection laws") which are applicable to HAYRICK and its business.

 

 

The data protection laws allow us to only process your data for certain reasons and under specific circumstances:

  • to perform a contract that we are party to;
  • to carry out legally required duties;
  • for us to carry out our legitimate interests;
  • where we obtain your consent;
  • to protect your interests; and
  • where something is done in the public interest.

 

All the processing carried out by us falls into the permitted reasons, for example; our use of your personal information in order to comply with our obligations under contract. This includes where a contract is not yet signed but you have requested us to take action as a first step (e.g. provide details of our services). This may also include online application forms that are completed prior to an agreement being signed. Another reason could be to comply with legal or regulatory requirements, such as carrying out verification checks in line with anti-money laundering/terrorist-financing regulations.

 

Consent

Where our use of your Personal Information requires consent, such consent will be provided explicitly by you, or such other party that has the necessary competency and authority to do so on your behalf.

 

If we rely on your consent as our legal basis for processing your Personal Information, you have the right to withdraw that consent at any time by contacting us using the contact details set out in this Privacy Notice below; however, the withdrawal of consent may be limited by law or subject to the completion of a relevant service or other similar and related activity. Withdrawal of consent will likely result in the termination of services. Please refer to the applicable contractual terms governing your relationship with HAYRICK.

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