Data Protection Statement

(a) The terms set out in this Data Protection Statement apply to any information you give Investec.
(b) We may amend this statement from time to time for any of the following reasons:

• To provide for the introduction of new systems, methods of operation, services or facilities;
  
• To reflect an actual or expected change in market conditions or general banking practice;
  
• To comply with changes to any legal or regulatory requirement;
  
• To ensure that our Data Protection Statement is clearer and more favourable to you; or
• To rectify any mistake that might be discovered from time to time. 

(c) You must not send us personal information about a person (which means a natural or juristic person) without first obtaining consent for it to be used and disclosed as set out in our Data Protection Statement. The reason for this is that we will assume that the person has consented although we may still ask for confirmation from them. Where you do give us information about another person, or someone else discloses a connection with you, that information may be taken into account with your information.
(d) We take your privacy very seriously, and we will use your personal information in accordance with our Data Protection Statement and applicable data protection legislation. It is important that you take all necessary and appropriate steps to protect your data yourself (for example, by ensuring that all passwords and access codes are kept secure).
(e) Investec Group consists of Investec plc (a company registered in the UK) and Investec Limited (a company registered in South Africa) and any of their direct or indirect subsidiaries. To obtain more information on these subsidiaries please look at the Investec Group annual financial statement located on our website under Investor Relations
www.investec.co.za
http://www.investec.co.za/about-investec/investor-relations/financial-information.html

We may collect the following information about you:
(a) Information which you may provide either directly or indirectly (through an agent acting on your behalf, an independent financial advisor or an introducer), by completing an application for our products and services, whether in writing, through our website, over the telephone or any other means. This information may include your name, address, contact details, date of birth, place of birth, identity number, passport number, bank details, details about your employment and financial information.
(b) Records of correspondence from you or anyone acting on your behalf.
(c) Details of transactions you carry out with us.
(d) Your credit history, where you have applied for credit or where we have agreed to provide credit to you.
We may require you to provide additional personal and tax-related information, in order for us to meet our legal or regulatory obligations. For tax reporting purposes, in certain cases we may collect information belonging to persons who have authority or effective control over your account. We may collect this information from you or such other persons.

(a) We may use, transfer and disclose your information for the purposes of:

• Providing you with the services you have requested, managing your account, complying with your instructions and notifying you about important changes to these services;
• Verifying your identity;
• Taking credit decisions where you have applied for credit or where we have agreed to provide credit to you;
• Detecting and preventing fraud;
• Complying with laws and regulations including law enforcement, government and tax collection agencies, treaties and codes;
• Monitoring and/or recording your telephone calls, electronic communications and electronic transactions in order to accurately carry out your instructions and in the interests of crime prevention;
• Assisting in improving our products and services;
• Conducting market research and providing you with information via mail, telephone or other means about Investec Group’s products or services from time to time; and
• Evaluating the effectiveness of our business or the business of Investec Group and the services Investec Group offers.

(b) In terms of the Foreign Account Tax Compliance Act of the U.S.A (FATCA) and subject to relevant intergovernmental agreements (“IGA”) as well as similar or related laws and regulations, a financial institution or entity may be required to collect tax-related information and report on an annual basis to its local tax authority (such as SARS and the HMRC) on certain client accounts. This will typically be where these accountholders have residency for tax purposes in a country other than the country of the local tax authority, or, where accountholder indicia relate to such other country. In certain instances the legal reporting obligation may be directly to another foreign tax authority or third party withholding agent. A withholding agent is a person or entity that has control, receipt, custody, disposal or payment of any item of income of a person that is subject to withholding.
(c) Investec Group may be obligated to engage further with you in instances where your tax information and the information Investec Group holds or receives about you is inconsistent. Where you, or where relevant your Controlling Persons (persons with authority or effective control over an entity), fail to provide the information or where such information is incorrect or inaccurate, then your and/or your Controlling Persons information may be reportable to our local tax authority. In certain cases where there is a legal obligation to do so, this information may be reportable to a foreign tax authority.
(d) In instances where you have applied for credit or where we have agreed to provide credit to you, we may conduct searches at credit bureaus. Details of our searches will be kept by the credit bureau and will be seen by other businesses that conduct searches with that agency for the purposes of credit assessments, debt recovery, management of your accounts, prevention of money laundering and fraud and statistical analysis.
(e) We may from time to time contact you about products and services available from Investec Group which we believe may be of interest to you. We may do this by post or by phone unless you have told us in writing not to; and by email, text or other electronic means if you have told us in writing that we can. Please let us know in writing if you change your mind.
(f) In instances where you apply for credit, we will tell you, where permitted by law, if we make a decision about you relating to your credit scoring or eligibility for our products or services based solely on an automated decision making process. You will be given a reasonable opportunity if permitted by law or code of conduct to make representations about a decision.

(a) Your personal information may be shared with other members of the Investec Group and our agents and Sub-contractors who process the information on our behalf.
(b) Where you have been introduced to us by an agent acting on your behalf, an independent financial advisor or an introducer, we will inform them of the outcome of your application and whether we have agreed to provide you with the product or service you have applied for. We may also disclose information about you and your relationship with Investec (including details of a related investment) throughout the term of that relationship. If you do not wish us to disclose this information, please inform us in writing.
(c) We may also disclose your personal information to third parties in the following circumstances:


• In the event that we buy or sell any business or assets, in which case we may disclose your personal information to the prospective buyer or seller;
  
• If any Investec subsidiary or substantially all of their assets are acquired by a third party, in which case personal information held by it about its clients will be one of the transferred assets;
  
•  If we are under a duty to disclose or share your personal information in order to comply with any legal obligation to protect the rights, property or safety of the Investec Group, our clients or other third parties; and/or
  
•  Where compelled to do so by law, regulation, code or treaty.

(a) We may transfer your information outside South Africa to countries which may not offer the same level of protection as South Africa. In particular your information may be sent to any other jurisdiction in which we, another member of the Investec Group, an agent or sub-contractor carries on business. If this happens, we will ensure that anyone to whom we pass your information agrees to treat your information with the same level of protection as if we were dealing with it. Where we are compelled by law however to supply information to withholding agents in other countries, then we will be obliged to transfer the information irrespective of (i) any agreement between us and the withholding agent, and (ii) the level of protection afforded by such country.

(a) Subject to some exceptions, you have the right to request access to the information we hold about you in terms of the Promotion of Access to Information Act of 2000 (PAIA). If you would like to access some or all of your information please refer to our PAIA Manual located at https://www.investec.co.za/legal/paia-promotion-of-access-to-information-act.html or you may direct your request to The Compliance Officer, Group Compliance at 100 Grayston Drive, Sandton 2196.
(b) Please ensure that the information we hold about you is complete, accurate and up to date. If you fail to keep your information updated, or if your information is incorrect, Investec may limit the products and services offered to you or elect not to open the account.
(c) Depending on the nature of the change, we may be required to report on certain changes to information to our local tax authority, and where there is a legal obligation to do so, to report to other tax authorities in other countries or third party financial institutions which are withholding agents.

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If you have any comments or questions about our Data Protection Statement please contact the Information Officer, Group Compliance at 100 Grayston Drive, Sandown, Sandton, 2196, South Africa or you may send an email to [email protected].