Collection of Data
Marshall Consulting undertakes to request from data subjects only the bare minimum information required in order for it to properly provide its services. Data is collected from a data subject when he/she it:
- Signs a Client Mandate;
- Completes Client On-Boarding Forms as required by the relevant service provider (the relevant bank you wish to open an account with);
- Communicates with us by email, chat, telephone, or any other means, we collect the communication and any data provided in it; and
- When we obtain information from third parties such as identity verification services, credit reference agencies, and regulatory and enforcement agencies.
Processing of Data
Your data is used/processed by us for one or more of the following purposes/reasons:
- To verify your identity in accordance with the Financial Intelligence Centre Act (FICA)
- To screen your identity against UN financial sanctions lists as required by FICA;
- To manage and maintain your account (i.e. provide you with regular account statements);
- To prevent fraudulent or unauthorised use of our products and services;
- To better manage our business and your relationship with us;
- To communicate with you;
- To respond to your enquiries and to resolve disputes.
Where necessary to protect our legal rights and interests, or the interests of others, we may also use personal data in relation to legal claims, compliance, audit, risk management, law enforcement processes and regulatory functions.
SHARING OF DATA
Your data will only be shared with the following persons with your express consent:
- A necessary staff member of Marshall Consulting;
- A financial institution we partner with to provide our products and services (i.e. your bank of choice);
- Companies and organisations that assist us with identity verification, background screening, due diligence, and processing;
- Our professional advisers, consultants, and other similar services.
In all other instances, your data will be treated as private and confidential and will not be shared with any other person except where:
- You have provided us with your express permission;
- An exception is provided for in legislation, for example to assist law enforcement or to report a transaction in termsof FICA.
Safe Keeping of Data
Marshall Consulting considers the safe keeping of client data as a priority. We have extensive security measures in place to mitigate uncontrolled access to your data.
Employees of Marshall Consulting are continually provided with training regarding the privacy laws of South Africa and are aware of the various requirements as set out therein.
Retention of Data
Marshall Consulting will retain your personal data for the entire duration of your business relationship with us, and for any prescribed statutory period thereafter.
Accuracy of Data
In order for Marshall Consulting to provide you with the services which you require, an accurate and complete record of data is required. When establishing a business relationship with us, you are required to provide certain statutorily required data prior to the commencement of the business relationship. This data must be accurate and complete.
Where the data is inaccurate or incomplete, it may result in Marshall Consulting not being able to provide the requisite services to the client.
Clients may be requested to update their data from time to time and their failure to do so may result in Marshall Consulting having to suspend or terminate its services.
Right to Access, Update or Remove Data
In terms of the privacy laws of South Africa, you have the following rights in terms of your data:
- The right to request access to your personal data and to establish whether a responsible party holds your personal information;
- The right to request the correction, destruction, or deletion of your personal data;
- The right to object, on reasonable grounds relating to your particular situation to the processing of your personal data; as well as to object at any time to the processing of personal data for purposes of direct marketing.
The procedures to be followed in requesting access to your personal data can be found in the Marshall Consulting PAIA Manual which is available freely on request. In accessing your personal data, Marshall Consulting may charge a reasonable fee should it be entitled to do so in terms of legislation.
Where the destruction or deletion of personal data is requested, and there is an existing business relationship with Marshall Consulting, this may result in Marshall Consulting not being able to fulfil its duties in terms of the client mandate and the business relationship may have to be terminated.
In the event that Marshall Consulting suffers a data breach which is likely to risk your rights and freedoms, you and the relevant supervisory body will be notified accordingly.
Contacting Marshall Consulting
For any queries regarding how Marshall Consulting handles your personal data, please contact us at firstname.lastname@example.org.