Privacy Notice

1. Introduction

1.1 Capital Legacy Solutions (Pty) Ltd, Capital Legacy Fiduciary Services (Pty) Ltd and Capital Legacy Board of Executors and Trust Company (Pty) Ltd located at 1st Floor, Roland Garros, The Campus, 57 Sloane Street, Bryanston 2191 (“Capital Legacy”) respect and acknowledge the importance of protecting your personal information.

1.2 This Privacy Notice sets out how Capital Legacy will process your personal information in the ordinary course of conducting its business and it also applies to Capital Legacy’s website.

2. What personal information we collect

2.1 User information

2.1.1 Capital Legacy collects the information that you voluntarily submit, including the following:

• Personal information – your full names, smoking status, highest education, identity number, monthly income, email address, telephone number, cellular number, Will language;
• Distribution of your Estate – special bequests and residue;
• Last wishes (optional);
• Organ donor registration (optional);
• Nominations for Executors, Trustees, and Guardians;
• Testamentary drafting notes (optional);
• Nomination of Beneficiaries, including Children’s details (if applicable);
• Intermediary and fulfilment preferences;
• Medical and health information (where applicable);
• Banking details;
• Asset and liability values that make up the total value of your Estate;
• Any other information required by Capital Legacy, suppliers, insurers, or third parties in order to provide you with an accurate analysis for Estate planning, produce a Legacy Blueprint™ Planner, and issue a policy or process a claim.

2.1.2 We may collect information that you submit when you contact customer support or provide feedback.

2.2 Information from other sources.

This may include:

• users providing your information in connection with referral programmes;
• users requesting services for you or on your behalf;
• publicly available sources;
• marketing service providers.

3. How Capital Legacy uses your Personal information

3.1 Providing services and features

3.1.1 Your information will only be used for the purposes for which it was intended. These may include:

• drafting a Last Will and Testament, Codicil, or any amendments thereto;
• determining the need which is in the best interest of the Plan Holder and suggesting a product or service;
• issuing a Plan or providing a product or service and generally carrying out the transaction requested
• managing and servicing your Plan;
• process your requests or instructions;
• Underwriting;
• assessing and processing claims;
• claims history and reporting;
• detection of fraud, crime, money laundering or other malpractice;
• conducting market or Plan Holder research and ensuring that the product and services remain relevant;
• auditing and record keeping;
• legal proceedings; and
• complying with legal and regulatory requirements.

3.2 Safety and security

We may use your data to help maintain the security of our services.

3.3 Customer support

Capital Legacy uses the information we collect to assist you when you contact customer support, including to:

• investigate and address your concerns;
• managing and servicing your Plan;
• monitor and improve our response.

3.4 Communications from Capital Legacy

3.4.1 Capital Legacy may use information to communicate with you, regarding marketing materials.

3.4.2 Capital Legacy may also use the information to promote and provide you with relevant adverts and content about our services.

4. How we collect personal information

4.1 We may collect your personal information in a variety of ways when you interact with us, including:

• a completed Application Form that gets completed and signed by you for processing;
• when you engage with us to solicit our products or services;
• when we respond to your enquiries and requests;
• as a result of communications between you and Financial Advisors or Representatives;
• when we obtain feedback from you about our services; and
• when you access and use our websites.

4.2 We may also collect your personal information from third-party sources and third parties including public databases, business partners with whom we offer co-branded services or engage in joint marketing activities, and third parties that provide list enhancement or similar services, to the extent that this is permitted by applicable law.

5. Legal Grounds for Processing

5.1 By virtue of your engagement with Capital Legacy, you acknowledge that Capital Legacy shall have the right to process Personal Information provided to Capital Legacy by you or some other party, to enable Capital Legacy to fulfil its legal and contractual obligations.

5.2 Personal Information may also be used based on the legitimate interests pursued by Capital Legacy or its affiliates, except where such interests are overridden by your interests or fundamental rights and freedoms which require the protection of your Personal Information.

5.3 In the event that you refuse to permit Capital Legacy to utilise your Personal Information in the manner described in this Privacy Notice, Capital Legacy will not be in a position to offer you use of its services.

6. Transfers TO Third Parties

Capital Legacy may share the information we collect with:

6.1 Capital Legacy subsidiaries and affiliates

We share information with our subsidiaries and affiliates to help provide our services or conduct data processing on our behalf.

6.2 Capital Legacy service providers and business partners

Capital Legacy may provide information to its vendors, consultants, marketing partners, research firms, and other service providers or business partners. This may include, for example:

• payment processors and facilitators;
• cloud storage providers;
• marketing partners and marketing platform providers;
• data analytics providers;
• research partners;
• vendors that assist Capital Legacy to enhance the safety and security of its business activities;
• consultants, lawyers, accountants and other professional service providers; and
• insurance and financing partners.

6.3 Other entities for legal reasons or in the event of a dispute

Capital Legacy may share your information if we believe it is required by applicable law, regulation, operating agreement, legal process or governmental request, or where the disclosure is otherwise appropriate due to safety or similar concerns.

6.4 With your consent

Capital Legacy may share your information other than as described in this notice if we notify you and you consent to the sharing.

7. Cross-Border Data Transfers

Your data may be subject to cross-border data transfers. When making cross-border transfers of Personal Information, Capital Legacy will ensure that the third-party processor (operator) is subject to a law, binding corporate rules or binding agreement which provides an adequate level of protection for the lawful processing of your Personal Information and includes provisions, relating to the further transfer of Personal Information from the recipient to third parties who are in a foreign country. Where applicable, Capital Legacy will contractually commit to employ suitable technical and organisational measures to protect your Personal Information as required by the applicable law (hereinafter referred to as “Supplier Data Processing Agreements”), as well as other suitable safeguards recognised by Data Protection Laws.

8. Retention

8.1 Capital Legacy requires Plan Holders’ information in order to provide our products and services. We retain such information for as long as you maintain your Capital Legacy plan or have your Will and any codicils lodged with us.

8.2 Once information is no longer necessary to provide Capital Legacy services, enable customer support, enhance the user experience or for other operational purposes, Capital Legacy takes steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection.

8.3 Capital Legacy may also retain certain information, if necessary, for its legitimate business interests, such as fraud prevention and enhancing Plan Holders’ safety and security.

9. Security of your personal information

9.1 Capital Legacy is committed to protecting your personal information from misuse, loss, unauthorised access, modification or disclosure by using a combination of physical, administrative and technical safeguards and contractually requiring that third parties to whom we disclose your personal information do the same.

9.2 Whilst Capital Legacy makes every effort to secure its websites, you should note that the internet is not completely secure; thus when you submit or post personal information online, you should be aware that Capital Legacy cannot guarantee the security of any personal information that you submit or post online.

10. Website

10.1 By using the Capital Legacy website, you accept that your Personal Information may be disclosed to Capital Legacy employees, suppliers and marketing agents where this information is necessary for them to offer, evaluate and enhance products and services offered on the Capital Legacy website.

10.2 Capital Legacy uses cookies on its website which are required for certain features to work efficiently. We recommend that you allow cookies to enjoy the full functionality of our website, however, you can adjust the settings and options on your browser to disable or enable cookies or visit www.aboutcookies.org for detailed information about managing cookies on various browsers.

11. Direct marketing

11. 1 As our client, we are allowed to send you marketing material.

11.2 You may opt out of receiving further marketing materials from us at any time and manage your communication preferences by:

11.2.1 following the unsubscribe instructions included in each marketing email or SMS text message from us; or

11.2.2 sending an email to lifeinfo@capitallegacy.co.za including your details and a description of the marketing material you no longer wish to receive from us. We will comply with your request as soon as is reasonably practicable.

11.3 If you opt out of receiving marketing-related communications from us, we may still send you administrative messages as part of your ongoing use of our website, solutions, products or services.

11.4 We do not provide your Personal Information to unaffiliated third parties for direct marketing purposes or sell, rent, distribute, or otherwise make Personal Information commercially available to any third party.

12. Social media

We operate and communicate through our designated channels, pages and accounts on some social media sites to inform, help and engage with our users. We monitor and record comments and posts made about us on these channels so that we can improve our services. The general public can access and read any information posted on these sites. We are not responsible for any information posted on those sites other than the information posted by our designated officials. We do not endorse the social media sites themselves, or any information posted on them by third parties or other users. When you engage with us through social media, your personal information may be processed by the site owner; this processing occurs outside of our control and may take place in a country outside South Africa that may have different privacy regulations. We regularly update and monitor our social media accounts and welcome feedback and ideas sent to us through these channels. We try to join conversations whenever possible but cannot guarantee that we will read or reply to all messages sent to official Capital Legacy social media accounts. Consistent feedback and helpful suggestions will be given to the relevant people within the company for consideration, but we cannot guarantee that any feedback or suggestions will be acted upon by Capital Legacy.

13. Changes to our Privacy Notice

We may change this Privacy Notice at any time. The most updated version will be always be available on www.capitallegacy.co.za.

14. Your Rights

14.1 Upon your request, we will provide you with access to any Personal Information on you that we may hold. You may also request us to correct your Personal Information, at any time. You can contact us on lifeinfo@capitallegacy.co.za to request access to your personal information or the correction of your personal information. You can also seek to be removed from any of Capital Legacy’ subscriptions lists at any time by contacting us on lifeinfo@capitallegacy.co.za.

14.2 If you have any compliant about the way in which Capital Legacy handles your Personal Information, you may lodge a complaint with Capital Legacy by emailing popi@capitallegacy.co.za. Should you be unhappy with the way your complaint has been handled, you can lodge a complaint with the South African Information Regulator (IR@justice.gov.za).

14.3 If you still feel that your Personal Information has not been handled appropriately according to the law, you can contact South African Information Regulator (inforeg@justice.gov.za) and file a complaint with them.