Orange Capital Partners (Pty) Limited (” Orange”), When you interact with us, you may share your personal information with us which allows us to determine your identity as an individual (e.g. name, email, address, telephone number, login user names, passwords etc.). When you opt for services provided by Orange you may share certain information including your personal identifiable information such as income statements, capital gains statement from broker, investment preferences, bank account information, deductions, credits, information on dependents, etc, and other financial information (collectively referred to as “Personal Data”)
This policy is drafted in consonance with the applicable legal provisions and applies to the Personal Data that we collect for the purposes of providing you our valuable services and an enhanced user experience on our Website or Platforms (“Policy”).
Orange Capital reserves the right to make changes to this Policy at any time, which shall be duly informed to you via notification on the Website or Platforms. We encourage you to regularly review this Policy to ensure that you are aware of changes made to it from time to time.
1. INFORMATION COLLECTED FROM THE USER
1.1. Orange Capital shall collect Personal Data through its Website or Platforms when you contact us through the Website or Platforms to provide any financial information or comments in electronic form. The Website or Platforms may also track information furnished online to provide the services that you request or through any other media available on the Website or Platforms, for the purposes of public announcements and messages about the services and products offered by it or in which you may be interested.
1.2. Personal Data may also be collected from information you may choose to share with a particular service provider or provide publicly as comments, feedback or reviews through the Website or Platforms.
1.3. Orange Capital shall collect client’s Personal Data from the following sources:
a) Client agreements and other information that clients provide to us, whether in writing, in person, by telephone, electronically or by any other means. This information may include client’s income, investment experience, credit references etc;
b) Personal tax returns and other documents provided by the client;
c) Transactions on a client’s behalf. This information may include the client’s account balances, positions, investment interests and history;
d) Public sources; and
e) Offline interactions with Orange Capital.
1.4. The Website or Platforms also collect certain technical information, including, inter alia, log data, analytics code, etc. that you do not visibly enter and which are automatically collected during your access or use of the Website or Platforms, such as, IP address, version and identification number of the device, browser type, browser language, the date and time of your request, your profiles, search terms used, and location data, among others.
1.5. The Website or Platforms may also collect anonymous data that is not associated with or linked to user’s Personal Data (” Anonymous Data”) and which, by itself, does not permit the identification of an individual user.
1.6. We use the secure payment gateway to process your payments. We do not store any details of your credit card, debit card or net-banking account.
2. SECURITY AND STORAGE OF YOUR PERSONAL DATA
Your Personal Data shall be stored securely on servers hosted by reputed cloud service providers (“CSP”) located in Swaziland. Such CSP shall be liable to keep your Personal Data secure at all times and adopt such technical measures as may be required to meet your reasonable expectation of privacy.
3. USE OF PERSONAL INFORMATION COLLECTED
The Website or Platforms may use Personal Data and other information collected from you for any of the following purposes-
a) to effectively provide the services opted by you such as opening of trading account, investment advisory services, and other services incidental hereto;
b) to create and maintain your accounts with Orange Capital, including your transaction details on the Platforms that are associated with your account;
c) for the purposes of improving the features and functionality of the Website or Platforms and to respond to the various requests and preferences, including language and location customization, personalized help and instructions, or other responses to the use of the Website or Platforms;
d) to maintain the quality of the services on the Website or Platforms, provide anonymous aggregated reporting for internal audits and provide general statistics regarding their use;
e) to deliver products and services, including newsletters and email notifications, confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages that you may request;
f) archival or backup purposes;
g) to send SMS text alerts to the user on their registered mobile number about the products and services including new services, special offers, promotions, updated information and other services that allow access to exclusive features or functionality of the Website or Platforms; and
h) In the event, you have opted for TaxSafe services provided by Minance, we shall process your Personal Data to prepare your return, to file your return, to provide advice about tax matters, to consolidate trading statements, to prepare statement of total income (STI) and/or to provide an audit defence service.
4. DISCLOSURE OF PERSONAL INFORMATION
Orange Capital shall not disclose your Personal Data to any third party for any reason whatsoever, without your express consent to that effect. However, your Personal Data may be disclosed to or shared with a third party without your consent under the following circumstances:
a) Pursuant to any specific legislation such as SEBI Act, 1992, Companies Act, 2013 and Income Tax Act, 1961 etc and all the rules and regulations made there under;
b) Pursuant to a valid and subsisting order of a court or other judicial, quasi judicial or government body under applicable laws or if, in Minance’s good faith judgment, such legal disclosure is reasonably necessary to comply with legal processes or respond to any claims;
c) In the event of change in control or management of Minance, a full or partial merger with, or acquisition of all or part of Minance by another company;
d) Disclosure to third parties such as broker, agent, and other service providers who work for or in connection with the services provided by Orange Capital, subject to confidentiality obligations as may be contractually agreed to between such third party and Minance;
e) To detect and prevent any identity theft, fraud and other potentially illegal acts, prevent the abuse of Websites’ services, any disclosure reasonably necessary to enforce the rights of Orange Capital, Terms and Conditions or this Policy including any claims of infringement or violation of any third-party rights or provisions of Information Technology Act, 2000 and rules made there under or any applicable legal provisions; and
f) To protect the rights and property, whether tangible or intangible, including without limitation, intellectual property, or to ensure the personal safety of the Website or Platforms, the users or public at large.
5. PROCESSING YOUR PERSONAL DATA
Orange Capital takes all reasonable steps to ensure fair, lawful and transparent processing of your Personal Data. In furtherance of this objective, Orange Capital will:
a) notify you in case of usage of your Personal Data for any purpose other than the purposes consented for or stated in this Policy.
b) retain Personal Data only as long as it is necessary for rendering the services and this period shall not exceed four (4) years from the date of termination of your services with Orange Capital on the Website or Platforms except when otherwise required under applicable laws.
c) meet your reasonable expectations of data privacy while processing your Personal Data.
d) undertake reasonable efforts and security measures, including, a variety of security technologies and procedures to protect your Personal Data from any unauthorized access, use or disclosure.
e) provide you all information related to processing of your Personal Data, for instance whether or not your Personal Data is being processed, where it is processed and for what purpose it is processed, upon receipt of a written request from you.
Notwithstanding anything provided in this Policy, Minance does not guarantee that your personal data will be absolutely protected at all times. Websites’ systems and the communications networks through which you access the Website or Platforms may be subject to security breaches and failures due to circumstances beyond the reasonable control of Orange Capital. In such situations Minance will try to rectify the problems at the earliest feasible time. You hereby acknowledge and understand that all personal information provided to or through the Website or Platforms is with your knowledgeable and informed consent and solely at your own risk.
6. RIGHTS OF USER
a) Right of Access: You can access your Personal Data at all times during the subsistence of your account with Orange Capital. You are free to review and modify your Personal Data and correct inaccuracies, if any, in your Personal Data, from time to time, through Orange Capital’s representatives or after you login to the Website or Platforms. In case you are unable to access, correct, or update any of your Personal Data, you may send us a request at info@orangecp.com or contact Orange Capital representatives. However, Minance shall not be liable to provide access to your Personal Data after three (3) months from the date of termination of services provided by .
b) Right to withdraw consent: In the event you wish to withdraw your consent for usage of your Personal Data for any particular activity of Orange Capital and its affiliates at any time during the subsistence of your agreement with us, you can notify us in writing. Upon receipt of such notification, Orange Capital shall not use or allow further dissemination of your Personal Data or part thereof, for the purpose mentioned therein.
c) Right of Erasure: If you wish to remove all or any part of your Personal Data collected by Orange Capital, its affiliates or any of the related parties, you can raise a request by sending an email to info@orangecp.com or contact any of Orange Capital’s representatives. Your Personal Data will be erased by Minance: (a) upon receipt of such request for erasure; and (b) deactivation of your account with Orange Capital.
7. THIRD PARTY LINKS/ EXTERNAL LINKS
Our Website or Platforms may contain links to content or other functionality provided by third parties which are outside our control and are not covered by this Policy. Accordingly,Orange Capital shall not be liable for any breach of your Personal Data which is attributable to the acts or omissions of such third parties.
8. BREACH NOTIFICATION
Orange Capital shall intimate any instances of data breach to you without any undue delay and, where feasible, within 72 hours of becoming aware of such breach, failing which Orange Capital shall provide reasoned justification for the delay. However, Orange Capital shall not be liable to notify you about any minor breach which is unlikely to result in a risk to your rights and freedoms related to your Personal Data. Further, Orange Capital shall take all reasonable steps to curb such instances and take all corrective measures to minimize the impact of such a data breach.
9. COOKIES
a) What are cookies: Cookies are small text files that are placed on your web browser by Websites that you visit, in order to make Websites work more efficiently and generate user specific content and tools.
b) Why we use cookies: Minance uses cookies and other tracking technologies that store data temporarily; the data collected may be stored in your browser. We do not use cookies to transmit any personal information. We use cookies and other tracking technologies to improve the usage and functionality of the Websites and to gain a better understanding of how visitors use the Websites and utilize the tools and services offered to them. Cookies help us tailor the Websites to user specific needs and preferences and improve various functionalities and user interface, resulting in greater customer satisfaction.
c) What types of cookies we may use.
i. Persistent Cookies: It helps recognize you as an existing user, and use our services without signing in again. After you sign in, it stays in your browser and will be read by Minance when you return to our Website after navigating to other websites or tabs.
ii. Session Cookies: The technical information stored by session cookies lasts as long as the current web session (usually your current visit to a website or a browser session) persists.
iii. Analytics Cookies: These cookies track information about how a user uses the Platforms. Analytics cookies may either be first party cookies or third party cookies. These cookies allow our Website to provide you a more personalized online experience.
d) Whether you can opt out of cookies: With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your web browser instructions or help screen to learn more about these functions. However, if you reject cookies, the functionality of our offerings may be restricted.
10. OTHER TRACKING TECHNOLOGIES USED
Orange Capital uses tracking technologies such as SumoMe, an online software platform that tracks visitor behaviour, increases social sharing of content and facilitates e-mail marketing and e-mail opt-ins, and Google Analytics , a web analytics service provided by Google, Inc. (” Google”). Google Analytics uses analytics cookies, which generate information about your use of the Website (including your IP address). Google will only use Anonymous Data and other related information stored during your use of the Website, in Google servers, for the purpose of evaluating your use of the Website, compiling reports of your activities on the Websites, and providing other related services. You may refuse the use of the tracking technologies by selecting the appropriate settings on your web browser as mentioned earlier. However, please note that in case you opt out of use of the tracking technologies, you may not be able to use the full functionality of the Websites.
11. INTERNATIONAL TRANSFER OF DATA
In the process of providing access to the Website and processing your Personal Data, Orange Capital may transfer your Personal Data to affiliated entities or other third parties across countries or jurisdictions in the following circumstances: (a) where you have given your explicit consent for such transfer; (b) where the transfer is occasional and necessary in relation to a contract or a legal claim, judicial or administrative procedure; or (c) where such transfer is on the legitimate ground of public interest under applicable laws.
12. COMMUNICATION & GRIEVANCES
We will make all attempts to contact you only through email and ensure that your telephone number is used only for the limited purposes of providing the relevant services on the Website or Platforms. In case you have any grievances regarding usages of your Personal Data, you can contact us at info@orangecp.com. Upon receipt of such complaint, Minance will make all the reasonable efforts to address your concerns at the earliest.
13. CONSENT
On visiting the Website or Platforms of Orange Capital, you hereby acknowledge and confirm that:
a) you have read, reviewed and understood all the terms of this Policy and its implications and voluntarily agreed to provide your explicit consent for access and usages of your Personal Data for the purpose specified under this Policy;
b) you have been apprised of your right to withdraw your consent at all times during the subsistence of your account with Minance without detriment.