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LEVEL FINANCE PRIVACY AND PERSONAL INFORMATION POLICY

Level Finance (Pty) Ltd. (reg: 2018/576746/07) (“Level Finance”) adheres to the highest standards of protecting your personal information when you use https://www.levelfinance.co.za/ or any of its related websites, applications or platforms (collectively, “the Website”) or any Level Finance services (“Services”). As such, we have created this specific and detailed Privacy Policy for you to read and appreciate exactly how we safeguard your personal information and respect your privacy (“Policy”).

  • Please note that Level Finance is a private limited liability company duly registered and operating in accordance with the laws of the Republic of South Africa.

  • For more information regarding your personal information lawfully stored or used by the Website or Level Finance, please contact info@levelfinance.co.za who will gladly assist.

  • Please ensure that you read all the provisions below, and any other Level Finance rules and policies which may apply from time to time and made available to you, to understand all of your, and our, rights and duties.

  1. Purpose of this Privacy Policy

    • This Privacy Policy aims to give you information on how Level Finance collects and processes your personal data through any form of your engagement with Level Finance such as your engagement with us when contracting or corresponding with us, when using our Services, accessing or using the Website, or providing us with your personal information in any other way.

    • This Privacy Policy complies with and facilitates the obligations required from, the South African Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended.

      • Users with citizenships from jurisdictions other than South Africa, please note that Level Finance complies with all South African data protection laws when processing your personal information pursuant to the Services as we are a South African entity operating in the South African market. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal information, please contact Level Finance at info@levelfinance.co.za and we will gladly engage you on its application and your rights.

    • It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements the other notices and is not intended to override them.

    • We do not process the personal information of children when a data subject user is below the age of 18 (eighteen). Do not provide us with any such information, where same is considered a material breach of these Terms.

  2. Responsible Party and Operator Role

    • In some circumstances, Level Finance is the “responsible party” (as defined in POPI) and is responsible for your personal information (collectively referred to as “we”, “us” or “our” in this Policy) in instances where we decide the processing operations concerning your personal information.

    • Sometimes we also operate as an “operator” (as defined in POPI) of personal information on behalf of a third-party responsible party, where that responsible party’s privacy terms will apply. The terms "user", “you", “data subject” and “your” are used interchangeably in this Policy and refer to all persons accessing the Website or engaging with Level Finance for any reason whatsoever.

    • We have appointed a data representative at Level Finance who is responsible for overseeing questions about this Policy. If you have any questions about this Policy, including any requests to exercise your legal rights, please contact the representative using the details set out below.

    • Our full details are:

      • Full name of legal entity:               Level Finance (Pty) Ltd.

      • Name of data representative:         Sadia Musa

      • Email address:                              info@levelfinance.co.za

      • Postal address:                              15 Ackerman Street, Albertsville,

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Randburg, Gauteng

  • Telephone number:                       Not present

  • You have the right to make a complaint at any time to the South African data regulator’s office (Information Regulator’s Office of South Africa). We would, however, appreciate the chance to deal with your concerns before you approach any such regulator, so please contact us in the first instance.

  1. Changes to the Privacy Policy and Your Duty to Inform us of Changes

    • Should your personal information change, please immediately inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. Level Finance will, however, not be able to update any personal information of yours attained from another responsible party, where should you want to update same, you must approach the relevant responsible party to do so. Level Finance is under no obligation to ensure that your personal information or other information supplied by you is correct.

    • You understand and agree that changes in your personal information may affect whether we may provide you with our Services or not, and as such, any changes to your personal information (such as your employer, your employment status and/or other credit information) must be brought to our attention immediately, which may or may not subsequently affect how we provide the Services to you.

  2. Third-Party Links on Website or otherwise

    • The Website may include links to third-party websites, plug-ins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements or terms. When you leave our Website or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with.

  3. Personal information we collect from you:

    • Personal data, or personally identifiable information, means any information about both natural and/or juristic entities (i.e. people and companies), from which that entity can be identified. It does not include data where the identity has been removed (anonymous data).

    • Should you decide to register with or function as a user on the Website and/or use any Level Finance Services, you thereby expressly consent to, and opt-in to Level Finance collecting, collating, processing, and using ("processing") the following types of information about you when you use the Website:

      • Identity Data: name, ID number, nationality, address, age, date of birth, gender, race, marital status, portrait photograph, company name, company registration number, department name, cost centre, main industry sector,

      • Contact Data: email address, mobile number, physical address(s), phone number(s);

      • Employment Data: job title, hire date; employment status

      • Financial Data: salary frequency, salary amount, salary pay date, garnishee order details, credit status;

      • Profile Data: user IDs and passwords, service preferences and contact preferences;

      • Technical Data: cookies, the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-location information, embedded web links, and other commonly used information-gathering tools;

      • Social Media Data: all information accessible on your publicly available profile such as images, photos, photo tags, likes, followers, comments, posts and stories;

      • Transaction Data: details about payments to and from you, contracts, contractual terms, contract fees, signups, subscriptions, invoices and other details of products and services you have obtained from us, or provide to us;

      • Usage Data: information about how you use our company, Website, surveys, events, and Services; and

      • Marketing and Communications Data: preferences in receiving notices and marketing from us and our third parties and your communication preferences.

  • We also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

  • Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services or allow you to provide us with your services). In this case, we may have to cancel Website-access or Services you have with us, but we will notify you if this is the case at the time.

  • You warrant that the personal information disclosed to Level Finance is directly from you as the user on the Website or in connection to the Services, and all such personal information is lawfully yours to provide. You also warrant that any personal information provided to us from a third-party responsible party, was attained from you lawfully and provided to us with your express consent to the relevant responsible party to do so.

  • You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

  1. When do we collect your personal information:

  • We use different methods to collect data from and about you, including through:

    • Direct interactions: You may give us your Identity, Contact, Social Media, Transaction, Technical, Usage, Marketing and Communications, Profile and Financial Data by filling in various Level Finance forms, Website forms or by corresponding with us by phone, email or otherwise. This includes personal data you provide when you:

      • use our Services;

      • use our Website;

      • contract with us;

      • consult with us;

      • complete forms;

      • interact with us via social media;

      • provide any services to us as a service provider or independent contractor on contract with us;

      • request information to be sent to you;

      • subscribe to our newsletter;

      • give us some feedback.

    • Automated technologies or interactions: As you interact with our Website, we may automatically collect Technical Data and Usage Data about your equipment, browsing actions and patterns. We may collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

    • Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:

      • analytics providers Google Analytics, LinkedIn Analytics based in USA;

      • social networks Facebook, Instagram, LinkedIn, Twitter, YouTube, TikTok based in USA;

      • survey data providers SurveyMonkey, Microsoft Forms based in USA;

      • marketing platforms SEO, mobile, email, Facebook, Instagram, LinkedIn, Twitter, YouTube, TikTok  based in USA, South Africa, Mauritius, and Zambia; and

      • search information providers MailChimp, XDS, Experian, TransUnion, Department of Home Affairs based in USA, South Africa, various other regions/countries;

      • providers of technical and/or payment services Ture ID based in USA.

  1. How we use your personal information:

    • We will only use your personal data when the law allows us to and for legitimate reasons, which you hereby expressly understand and consent to. Most commonly, we will use your personal data in the following circumstances:

      • where we have your express consent to do so (where your acceptance of this Privacy Policy constitutes your informed and active consent);

      • where we need to consult with you or perform on the Services contract we are about to enter into or have entered into with you;

      • where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or

      • where we need to comply with a legal or regulatory obligation.

    • Purposes for which we will use your personal data:

      • We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are, where appropriate, and which exact External Third Parties your personal data is handed to for the same reasons.

      • Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

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  1. Marketing

    • We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. To manifest your rights attached to any marketing sent to you as an existing customer, please use the in-built prompts provided on those communications, or contact us.

    • You will receive marketing communications from us if you have accepted this Policy, requested information from us, or have participated in any Level Finance Service, and in each case, you have not opted-out of receiving that marketing.

  2. Opting Out

    • You can ask us to stop sending you marketing messages at any time by contacting us at any time and requesting us to cease or change your marketing preferences.

    • Where you opt-out of receiving these marketing messages, this opt-out will not apply to other personal data of yours which we process for another lawful basis.

  3. Original and updated purposes for processing:

    • We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

  4. Disclosure of personal information

    • We may have to share your personal data with the parties set out below for the purposes set out in the table above.

      • Internal third parties (entities within the Level Finance group);

      • External third parties;

      • Specific third parties listed in the table above; and/or

      • Third parties to whom we may choose to sell, transfer, or merge parts of our organisation or our assets. Alternatively, we may seek to acquire other organisations or merge with them. If a change happens to our organisation, then the new owners may use your personal data in the same way as set out in this Privacy Policy.

    • We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions and standards.

  5. International Transfer of personal information:

    • We may share your personal information within the Level Finance group of companies and this may involve transferring and processing your data outside of South Africa.

    • Whenever we transfer your personal information out of the country, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

      • we will only transfer your personal information to countries that have been deemed to provide an adequate level of protection for personal information;

      • We will always have a contract in place covering the processing of data and service provision between the parties; and

      • We will only provide your personal data to an entity that processes personal information at standards equal to or better than ours; or

      • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the South African Information Regulator’s office; or

      • where we use certain service providers, we may use specific contracts approved by the European Commission which give personal information the same protection it has in Europe under the GDPR.

  1. How we treat your personal information:

    • We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than Level Finance’s in relation to your personal information.

    • We will:

      • treat your personal information as strictly confidential, save where we are entitled to share it as set out in this Policy;

      • take appropriate technical, security and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

      • provide you with reasonable access to your personal information to view and/or update personal details;

      • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

      • provide you with reasonable evidence of our compliance with our obligations under this Policy on reasonable notice and request; and

      • upon your request, promptly correct, transfer, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website and/or Service functionality might be lost if certain personal information is amended or destroyed).

  2. Data Retention

    • We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws require us to retain your data beyond your request for its deletion, or beyond your direct engagement with Level Finance. As such, we may retain your personal information in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.

    • Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or fraud.

  3. Data Security:

    • We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered or disclosed by using SQL and Bitlocker encryption and storing all information securely in Microsoft Azure. In addition, we limit access to your personal data to those persons and other third parties who have a legitimate need to know. They will only process your personal data on our instruction and they are subject to a duty of confidentiality.

    • We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

  4. Cookies provision:

    • The Website may make use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you.

    • If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this Policy and the Website’s other policies.

  5. User rights and obligations:

    • The user is entitled to request access to any relevant personal information held by Level Finance and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal information held by any third-party responsible party, the user must approach that responsible party for the realisation of the user’s personal information rights with them, and not with Level Finance.

    • Under POPI, you have rights in relation to your personal information. Please contact us to find out more about, or manifest, these rights:

      • request access to your personal data;

      • request correction of your personal data;

      • request erasure of your personal data;

      • object to the processing of your personal data;

      • request a restriction of processing your personal data;

      • request transfer of your personal data; and/or

      • right to withdraw consent.

    • You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

    • We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

    • We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

    • Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not Level Finance.

    • Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.

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