Terms and Conditions

PREPARED BY: IDENTITY GUARD (PTY) LTD PREAMBLE IDENTITY GUARD is the provider of the product and these terms and conditions set forth the terms and conditions applicable to the agreement between Identity Guard and you together with your use of the product. These terms and conditions can be viewed on our website at http://www.identityguard.co.za In the event of you not agreeing to be bound to these terms and conditions you are to withdraw your application to Identity Guard and further you are not authorised to utilize either the product or any service provided by Identity Guard. This preamble forms part of the agreement between you and Identity Guard and in the following definition section, should any definition contain terms placing an obligation upon either you or Identity Guard or both of us then such definition shall form a substantive part of this agreement You warrant that to your knowledge no identity theft has taken place prior to the submission by you of your application and payment of your first fees unless otherwise specifically agreed. You specifically agree and accept that the product shall only be available to you in the event of any identity theft incident taking place AFTER the purchase by you of the product and activation of your membership. DEFINITIONS “CREDIT MONITORING”: shall mean access by the member to at least 1 (one) credit bureau rendering service within the Republic of South Africa and which services shall include the member’s entitlement to view his/her full credit profile and to receive electronic short message service alerts via the member’s cellular phone regarding possible changes to such profile “ENROLMENT (“ENROLLED”)”: shall mean the submission of application and debit order forms by the member which application form shall be deemed to be accepted by Identity Guard upon Identity Guard providing the member with a unique membership number and receipt by Identity Guard of the first fee. “IDENTITY”: shall mean your name or any part thereof as is contained in any official document and includes the unique number issued to you by the authority vested with same by way of Statute and / or Regulation in any Sovereign State and which number is contained in any official document; “IDENTITY GUARD”: shall mean Identity Guard (Pty) Ltd, a company duly registered and incorporated in accordance with the Company Laws of the Republic of South Africa with registration number 2013 / 233732 / 07; “IDENTITY THEFT”: shall mean any falsification of your signature or identity or use of any of any official document issued to you in circumstances not authorised by you; “MEMBER”: shall mean that person who submits an application form to Identity Guard in order to become enrolled. “OFFICIAL DOCUMENT”: shall mean any document and/or hardcopy issued, without alteration, by any authority vested with such power by way of Statute and/or Regulation to you and generally accepted as being proof of your identity including but not necessarily limited to, identity books / cards, passports, birth certificates, licenses and the like; ; “FEE: shall mean that amount to be paid by you monthly, in advance, without set-off, deduction and free of bank charges, directly into Identity Guard’s bank account by electronic funds transfer or by debit order; “THE PRODUCT” shall mean the restitution process to which you are entitled subject to these terms and conditions; “THE INVESTIGATOR” shall mean that person appointed by Identity Guard to investigate and render the report; “THE INCIDENT” shall mean each separate occasion upon which you are subject to identity theft “SERVICE”: shall mean the product and unlimited access by the member of credit monitoring “YOU/YOUR”: means the member; “THE REPORT” shall mean that report generated by the investigator consequent upon an incident and to which you and Identity Guard shall be bound “THE RESTITUTION PROCESS”: means that procedure followed by Identity Guard once you have been subject to an incident of Identity theft and shall include, but not necessarily be limited to the appointment of the investigator, laying of criminal charges, attempting to cause any adverse credit report about you created as a result of the Identity theft to be rescinded and generally the rendering of assistance to you to remove any consequence of Identity Theft suffered by you and in the event of a court judgement having been granted against you by default and as is more fully hereafter set out,cause such judgement to be rescinded “ PERIOD(S)”: shall mean the period of a calendar month, reckoned as from the 1st of any particular month until the last day of such month as is envisaged in the Gregorian Calendar and “day” shall mean calendar days; “THE PRODUCT”: shall mean the business of Identity Guard whereby various persons, including you, against payment of a fee, receive the restitution process. Upon enrolment you shall be entitled to the benefit of the product and within 7(seven) days the service and thereafter on condition that the fee is paid timeously for each subsequent period. Within periods and from time to time Identity Guard shall provide information to you so as to enable you to ascertain as to how Identity Theft occurs and advise as to what proactive measures should be taken by you to avoid identity theft. Identity Guard reserves the right from time to time to amend these terms and conditions which shall amendment be of full force and effect from the period subsequent upon such amendment THE RESTITUTION PROCESS YOUR OBLIGATIONS Upon you ascertaining that an incident has or might have taken place you are to do the following: Contact our hotline at 0861 434 8273 or the applicable client hotline providing your membership number and insofar as is possible, details of the identity theft; Provide Identity Guard with a Power of Attorney authorising Identity Guard to carry out the restitution process which shall include , but not be limited to, Identity Guard and/or the investigator being able to obtain such information as may be necessary to ascertain full details as to the incident whether from credit providers or otherwise and to instruct attorneys at their cost, to launch rescission of judgement proceedings as set out below Lay a complaint with your local police station and provide Identity Guard with the case number (CAS No). Render all reasonable assistance to the investigator , Identity Guard and its attorneys. Continue paying the fee and not terminate your enrolment until the restitution process is complete. It is very important that the member regularly utilises the credit monitoring and in the event of there being ANY third party enquiry reflected thereon about which the member has no knowledge forthwith implement the steps set out above IDENTITY GUARD’S OBLIGATIONS. Upon receipt of the information set out in paragraphs 5.1 to 5.3 inclusive Identity Guard shall appoint an investigator to provide the report; On receipt of the report indicating that the incident has taken place continue with the restitution process; In the event that the report is inconclusive as to whether the incident has taken place, provide you with a copy of same and invite you to provide further objective evidence for further investigation by the investigator. Such further evidence to be received by Identity Guard within 30 (Thirty) days of the date of the report failing which Identity Guard shall not proceed further with the restitution process and close its file. 6 CREDIT MONITORING 6.1 Identity Guard shall within 10 (ten) business days after your enrolment cause the member to be provided with the relevant protocols to enable the member to communicate directly with the credit bureau through which the credit monitoring takes place and which bureau shall provide you with your password to enable the credit monitoring. 6.2 Other than in the event of identity theft, any adverse or problematic credit report is to be raised and dealt with by you directly with the credit bureau concerned. 6.3 By accepting the Identity Guard Terms and Conditions you confirm that authorization has been provided to the credit bureau to obtain information on your personal credit profile and to display credit information in the form of a credit report. TERMINATION You may, in writing, terminate your enrolment at any time prior to the 20th day of any calendar month, should you not do so your enrolment shall be automatically renewed on the same terms and conditions on receipt of the fee for the new month. After an incident and prior to the completion of the restitution process you shall not terminate your enrolment. In the event of the fee not being received by Identity Guard and you not having terminated the service as provided for in 7.1 above then you shall remain liable to Identity Guard for the unpaid fee but shall not be entitled to utilise the service for the period to which such unpaid fee relates LIMITATION OF LIABILITY AND OBLIGATIONS The Member recognises and accepts that credit monitoring services are to a large extent beyond the control of Identity Guard and Identity Guard rely on the various credit bureau being able to properly and accurately access records. Your only recourse against Identity Guard for failure to provide the restitution service in circumstances where it should so have done is a refund of that period’s fee and you indemnify and hold harmless Identity Guard, its directors employees, officers, shareholders, agents (including attorneys) and third party contractors, including the investigator, for any claim howsoever and wheresoever arising consequent upon provision of the product or the services and any harm that might occur to any third party. You acknowledge and agree that Identity Guard is neither an Insurer nor a Provider of Insurance products and that insofar as the restitution process is concerned no warranty or guarantee is given that the restitution process will result in a particular outcome or that its efforts will lead to a satisfactory result to you. The failure to provide the restitution service or the product or the service shall not found a claim against Identity Guard where such failure or delay is caused by conditions beyond Identity Guard’s control including but not limited to: Labour disturbances; Strikes; War; Force Majeure; Riot; Civil Commotion; Natural Disasters; or Acts of God. Or where rendering the service is prohibited by any Local Law, Regulation or By-Law. 7.4 Save for what is hereafter specifically set out other than assisting you with the provision of the report Identity Guard shall not be liable for any costs, fees or charges incurred in any litigation whether civil or criminal, which might result from the identity theft. RESCISSION OF JUDGEMENT In the event of a judgement being granted against you under the following specific circumstances: a)by default of you having entered an appearance to defend and b) where the document (usually a summons)by which the court case was commenced against you, was neither served on you nor reasonably have come to your knowledge and c) where the possibility of identity theft was not reflected on any report included in the credit monitoring prior to the date upon which the court case commenced and d) where you have faithfully complied with these terms and conditions and e) where the provisions of clause 6.8 apply THEN Identity Guard shall instruct attorneys to launch an application for the rescission of the judgement referred to above and, on condition that such application is not opposed by any third party shall bear the costs incurred by such application GOVERNING LAW This agreement shall be construed and enforced in accordance with the Laws of the Republic of South Africa.
PREPARED BY: IDENTITY GUARD (PTY) LTD PRIVACY POLICY 1. PREAMBLE 1.1. IDENTITY GUARD has as its underlying mission statement compliance with legislation in the Republic of South Africa. 1.2. To this end and although not in operation as yet it has committed itself to comply with the Protection of Personal Information Act No 4 of 2013 (“the Act”). 1.3. Identity Guard carries on business making available and selling to members of the general public including persons insured with various short-term insurers, a product whereby such persons, against payment of a premium receive a full restitution process. consequent upon the unauthorised use by another of such person’s identity or identity theft. 1.4. In order to give effect to its business and the sale of its product it is necessary for Identity Guard to collect from persons utilizing its product directly or from other sources, various categories of personal information and accordingly this policy sets out how we process such personal information. 1.5. This policy may be amended from time to time either at our discretion or in line with changes required by legislation or otherwise. 2. DEFINITIONS 2.1. “POPI”: means the Protection of Personal Information Act No 4 of 2013 assented to on the 19th of November 2013 but, at the time of publication of this privacy policy, yet to be put into operation; “YOU/YOUR”: means the data subject referred to in POPI and includes persons contracted to Identity Guard in respect of Identity Theft; 2.2. “IDENTITY THEFT”: shall mean any falsification of your signature or identity use of any of any official document issued to you in circumstances not authorised by you; 2.3. “IDENTITY”: shall mean your name or any part thereof as is contained in any official document and includes the unique number issued to you by the authority vested with same by way of Statute and / or Regulation in any Sovereign State and which number is contained in any official document; 2.4. “OFFICIAL DOCUMENT”: shall mean any document and/or hardcopy issued, without alteration, by any authority vested with such power by way of Statute and / or Regulation to you and generally accepted as being proof of your identity including but not necessarily limited to, identity books / cards, passports, birth certificates, licenses and the like; 2.5. “IDENTITY GUARD”: shall mean Identity Guard (Pty) Ltd, a company duly registered and incorporated in accordance with the Company Laws of the Republic of South Africa with registration number 2013 / 233732 / 07; 2.6. “PERSONAL INFORMATION”: shall mean such personal information as is defined in POPI but shall include but necessarily be limited to, your language, date of birth, your education and employment history, your identity number, email address, your name, physical address, telephone number, location information, correspondence sent by you that is either implicitly or explicitly of a private or confidential nature. 2.7. “THE PRODUCT”: shall mean the business of Identity Guard whereby various persons, including you, against payment of a premium, receive the restitution process 2.9 “THE RESTITUTION PROCESS”: means that procedure followed by Identity Guard once you have been subject to Identity theft and shall include, but not necessarily be limited to the appointment of investigators, laying of criminal charges causing any adverse credit report about you created as a result of the Identity theft to be rescinded and generally the doing of such things necessary to remove any consequence of Identity Theft suffered by you 3. COLLECTING AND PROCESSING OF YOUR PERSONAL INFORMATION 3.1. We collect information about you through applications to Identity Guard by you or through our website or from third party sources, where we are allowed to do so by law, including other insurance and assurance companies which may include the product in their range of insurance products. 3.2. In order for you properly to utilize our product it is necessary that we collect process and use your information. However we do not intentionally collect personal information about children and will only process and collect such information should we receive the written consent of such child’s parent or guardian. 3.3. We do not collect, and shall take active measures to delete or de-identify, such personal information as is referred to in POPI received by us without your consent including your religious or philosophical beliefs, race or ethnic origin, any trade union membership, political persuasion, health or sex life or biometric information. 3.4. On occasion it is necessary for us to share your personal information with third parties. Generally we will attempt to obtain your consent so to do but we have trusted relationships with select third parties who perform services on our behalf all of which third parties are bound by contract to us to ensure that the security of your personal information is maintained and only to use same specifically as they are mandated to do. Such third parties included are –  employees who are bound to us by way of an Employment Agreement;  companies or persons including legal representatives used by us to provide a service on our behalf in furtherance of the product;  financial institutions;  governmental authorities or other authorities where we are requested by them so to do and other third parties if allowed or obliged to do so in law and / or where necessary for the furtherance of the product including but not necessarily limited to the institution of criminal proceedings or the lodging of any complaint with the South African Police Services relating to identity theft or the launching of any Court proceeding necessary to remove the consequences of identity theft. 4. UTILIZATION OF YOUR PERSONAL INFORMATION 4.1. We undertake only to process your personal information as is adequate, relevant and not excessive and such personal information shall be processed and used to- a) perform our duties regarding the product in pursuance of any agreement we may have with you; or as part of any insurance product of which you are either the owner or beneficiary and shall accordingly operate and manage such agreement and correspond with you; b) for the purposes of business efficacy analyse our business and use of the product; c) in order to correspond with you such correspondence shall either be by way of email, sms, hard-copy letter, telephone or other electronic communication and in such correspondence keep you apprised of any updates to our product and any additional products and services that we may be offering from time to time. However you shall have the right to inform us that you do not wish to receive any such marketing communication; d) to identify and minimize your risk profile and if necessary to advise you as to the result of such process; e) to trace you either to recover any debt you may owe us or to be able to offer our service to you; f) to comply with any legal obligation to which we might be subject and / or imposed upon us; g) to carry out such reasonable enquiries and / or operation considering our business and the product. 4.2. The above is not necessarily exclusive and your personal information might be used for other purposes especially in such circumstances where you have given us permission so to do or it is on behalf of a public body involving National Security or the purpose of which is a prevention, detection or the rendering of assistance in regard to same relating to the identification of the proceeds of unlawful activities and the combating of money laundering activity or other offenses. 5. YOUR RIGHTS 5.1. You have the right to withdraw your consent to the processing by us of your personal information in the prescribed manner. 5.2. You have a right to access your personal information in order to determine its accuracy and such requests may be directed to info@identityguard.co.za in which event you may also ask us to correct or remove any information that you either think is inaccurate or irrelevant for our purposes. 5.3. We shall de-identify, destroy or delete the records of your personal information once you either have instructed us so to do, or there is no longer any agreement between us. 5.4. We shall only retain such personal information as is required by law or for historical, statistical or research purposes by us. 6. SECURITY 6.1. We shall process your personal information in a reasonable manner and attempt not to infringe upon your privacy reasonably ensuring the integrity and confidentiality of your personal information in order to prevent the loss of, damage to or unauthorized destruction of your personal information and the unlawful access to or processing of your personal information. 6.2. To this end we have appointed a responsible person to identify all reasonable foreseeable internal and external risks to your personal information, to establish and maintain appropriate safeguards against these risks. 6.3. The responsible person shall further ensure that the safeguards are continually updated in response to new risks or deficiencies in the previously implemented safeguards. To this end the responsible person shall continually have due regard to generally accepted information relating to security practices and procedures which may apply to the business and the product. 6.4. We have installed firewalls and physical access control to our building. Should we reasonably believe that your information has been compromised we shall inform you of same and shall take such reasonable measures as is necessary to restore the integrity of your personal information.