This Privacy Notice describes how FiveWest collects and processes your Personal Information through the FiveWest Site, Portal and any applications that are referred to herein. For purposes of this Privacy Notice, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 and can broadly be understood as the non-public information that personally relates to or identifies you as an individual or as a legal entity.

1. How Personal Information is obtained

In order to utilise FiveWest Services’, you will be required to create an account on the Portal and provide certain Personal Information that will be used to verify you or a legal entity’s identity. Additional Personal Information may be requested throughout your business relationship with FiveWest in order to utilise the Services, carry out your instructions or for FiveWest to remain compliant with certain laws and regulations. Failure to provide certain Personal Information may result in FiveWest’s refusal to offer you our Services. To the extent permitted under the applicable law, we may collect certain types of information automatically, for example when you interact with us or use the Site, Portal or Services.  Furthermore, our Site may incorporate social media features and widgets provided by third parties. These features may collect your IP address, track the page you are visiting, and utilise cookies to ensure their proper functionality. Interactions with these features and widgets are governed by the Privacy Notice of the respective company providing them.

2. Purpose of Collecting, Using and Storing Personal Information 

FiveWest is required to collect, use, process and store Personal Information in order to remain compliant with certain legal and regulatory requirements. In addition, FiveWest will use this Personal Information in order to transact and communicate with you or your business.

3. Sharing of Personal Information 

To protect your privacy and Personal Information, FiveWest undertakes to limit the sharing of your Personal Information outside of FiveWest. Accordingly, FiveWest will take all reasonable steps to prevent unauthorised access to or disclosure of your Personal Information, however FiveWest cannot provide a complete guarantee in this regard.

FiveWest may share your Personal Information to authorised and reputable third parties or FiveWest’s affiliates. FiveWest will share your Personal Information only when it is necessary and required to provide you with the Services. The third party shall only have access to the Personal Information required to perform their functions and may not be used for any other purposes.

In the event that FiveWest is involved in a merger, sale, dissolution or similar event, Personal Information may form part of the transferred assets.  

FiveWest reserves the right to disclose your Personal Information when it is required to do so by law to regulatory, law enforcement or other government authorities, including during routine regulatory examinations and to necessary credit reporting or collection agencies, or when necessary to protect our rights or title in property.  

4. Cookies and Tracking Technologies
   
   FiveWest uses cookies and similar technologies on our Site and Portal. A cookie is a small file placed on your device when you visit a website.

How we use cookies
Essential cookies keep our site and portal secure and working; they cannot be switched off. With your permission, we also use analytics cookies to understand how the site is used and how visitors move to the sign-up pages, and marketing cookies to measure our advertising, including whether an advertisement led to a visit or an account registration, and identify the businesses and, where possible, the individuals who visit the site, so that we can decide whom to contact. These services are provided by third parties, currently Google (Google Analytics and Google Ads), LinkedIn and Apollo, which collect information such as your IP address, device and browser details, the pages you view and an identifier. They process it under their own privacy notices and may do so outside South Africa.

The details you enter on sign-up forms, including your name, email address and password, are not passed to these providers. On the Portal, with your permission, we use marketing cookies only on the sign-up pages and to record that an account registration was completed, so that we can measure which advertising led to it. We do not use marketing or visitor identification cookies to track your activity once you are signed in.

How long we keep data

We keep analytics data for 14 months and marketing and visitor identification data for 14 months, after which it is deleted or anonymised. Our providers also keep information, and set cookies, according to their own retention periods, as described in their privacy notices. You can delete cookies at any time through your browser settings.

Your preferences

You can accept or reject non-essential cookies through the cookie settings, and update your preferences at any time. You can also block or delete cookies in your browser settings. You have the right to object to the processing of your Personal Information for analytics, marketing and visitor identification. To do so, or for further information, contact [email protected].

5. How Personal Information is Protected

FiveWest will limit access to those employees who need access to the Personal Information in order to provide you with the required Services with FiveWest. In keeping with industry standards and practices, FiveWest will maintain appropriate physical, electronic and procedural safeguards and controls designed to protect your Personal Information, including your financial and transaction information. While no security technology is impenetrable, FiveWest is constantly reviewing, refining and upgrading the security technology as and when new tools and upgrades become available.

6. Reviewing and Updating Personal Information

You are responsible for ensuring that all Personal Information submitted is accurate, complete and updated. All Personal Information should be reviewed on a regular basis and in the event that your Personal Information needs to be updated. FiveWest is entitled to request updated Personal Information from you at any time. In the event that you fail to comply with such a request, FiveWest reserves the right to suspend or terminate your FiveWest Account and any FiveWest Services.

7. Election to not disclose Personal Information

FiveWest, at its discretion, may refuse to engage in business with you if you fail to or elect not to disclose Personal Information to FiveWest or its employees. This refusal is based on FiveWest’s obligation to comply with various laws and regulations that apply to it.

In the event that FiveWest is provided with inaccurate or fraudulent Personal Information during the business relationship, FiveWest has the duty to report you or the legal entity to the relevant authorities.

8. Storing of Personal Information

FiveWest will retain your Personal Information to enable your continued use of FiveWest Services and shall retain your Personal Information for a period of 5 (five) years.

FiveWest only processes your Personal Information in compliance with this Notice and in accordance with the laws governing data protection and processing. If, however, you wish to raise a complaint regarding the processing of your Personal Information or are unsatisfied with how FiveWest handled your Personal Information, you may contact FiveWest at info@fivewest.co.za, alternatively you may refer the complaint to the relevant ombudsman.  

In adopting this Policy, FiveWest wishes to balance its legitimate business interests and your reasonable expectation of privacy. FiveWest is committed to protecting the privacy and the Personal Information of all former and current clients. If you choose to become an inactive client, your Personal Information will continue to be protected by this Policy and any governing laws. In the event that you close your account, FiveWest will retain your Personal Information for regulatory compliance, internal record-keeping and other legal purposes.

9. Travel Rule

At FiveWest, we take privacy and security seriously. To comply with the Travel Rule, FiveWest will securely collect, transmit and retain required information such as the originator and beneficiary information and wallet details using industry standard protocols. This data will only be shared with verified and compliant crypto asset service providers, counterparties or trusted third party service providers in accordance with applicable Travel Rule obligations and this Privacy Notice. In addition, FiveWest may utilise third party compliance software to facilitate the collection, transmission and retention of the required information.

FiveWest may also retain records relating to Travel Rule information for a period of 5 (five) years after termination of your relationship with FiveWest or as required under the applicable and regulatory laws.