Avior Group Privacy Policy

This document is strictly the property of Avior Capital Markets Holdings Proprietary Limited (“Avior Capital Markets”). The disclosure of this document is only intended for the authorised recipient thereof..

Any reference in this document to “Avior” shall be deemed to be a reference to Avior Capital Markets Holdings Proprietary Limited and each of its subsidiaries (as applicable). The provisions of this document apply per the authorisations and regulations that apply to Avior Capital Markets and its subsidiaries.

1. Introduction

  1. Avior Capital Markets may need to collect its counterparties’ personal data in the course of business. This privacy notice intends to show your company:
    • How personal data is processed,
    • For what purposes this will be done, and
    • What rights your company has concerning the personal data that will be collected.

  2. Personal data in the context of this policy relates to information such as; contact details, demographics, employment records, financial and educational background, social security documentation, verification of identity, and/or sanctions (please refer to clause 5 for further detail).

  3. Personal data shall at all times be processed in order for Avior Capital Markets to fulfill its legal obligations.

2. Personal Data

  1. Avior Capital Markets complies with its legal obligations and ensures:
    • that personal data shall be processed lawfully and in a transparent manner in relation to your company;
    • that the personal data shall be collected and processed for the purposes stated; that the personal data shall be accurate and at all times kept up to date;
    • that the personal data shall be kept for no longer than is necessary for the purposes for which it is collected;
    • that the personal data shall be adequately securitised and be protected against loss, unauthorised access or processing, and destruction or damage.

  2. Your Company’s personal data will be treated as strictly confidential and will be shared only with Avior Capital Markets’ compliance department. Your Company’s personal data will only be shared with third parties if consent to do so has been given.

  3. Where personal data has not been obtained directly from your Company, upon your request, Avior Capital Markets shall provide your Company with the source from which certain personal data originates, and if applicable whether it came from publicly accessible sources.

3. Data Retention

  1. For audit trail purposes, Avior Capital Markets shall hold personal data for as long as required in order to fulfill our contractual and statutory duties.

  2. It should be noted that our business relationship is a contract of continuing obligation that may last for a number of years. This will enable us to comply with regulatory record-keeping obligations.

  3. In the event of a significant business disruption (SBD), Avior will respond according to its US Business Continuity Plan, UK Recovery and Rescue Plan and SA Recovery and Business Continuity Plan as applicable. (If you have questions about our business continuity planning, you can contact Avior through the Contact Us form.)

4. Your Company's Personal Data rights

Your Company will have the following rights with respect to their personal data:
  1. The right to access your personal data.
  2. The right to request that your personal data regarding them be corrected if it is found to be inaccurate.
  3. The right to request that your personal data be erased where it is no longer necessary for Avior to retain.
  4. The right to request that processing is stopped at any time, where relevant.
  5. The right to restrict processing where there is a dispute in relation to the accuracy or processing of the personal data.
  6. The right to request that Avior Capital Markets provide you with your personal data and where possible, transmit that data to another data controller [applies only where the processing is for the performance of a contract with your Company and the data controller processes the data by automated means].
  7. The right to object to the processing of personal data [only applies where processing is based on legitimate interest].
  8. The right not to be subject to a decision that is based solely on automated processing, including profiling which produces legal effects concerning them or similarly significant affects them.

5. The Type of Data collected and purpose for collection

The type of data we collect along with the purpose for collection is listed below:

Personal data type: Purpose:
Personal information such as gender, name, date of birth and address To meet our anti-money laundering (AML) and other regulatory obligations in relation to Know Your Client (KYC) and client due diligence. To verify your identity using our verification processes.
Contact information (email address and phone number) In order to send you correspondence in relation to the services provided and to fulfil our regulatory and compliance obligations
Employment information, financial information, relevant education and trading experience In order to comply with KYC obligations and in order to meet our regulatory obligations relating to assessing the appropriateness of our products and services
Ethnicity, citizenship and social security numbers or national identity and passport numbers In order to comply with KYC and regulatory trade reporting and other AML obligations
Proof of photo ID, address verification In order to comply with KYC and regulatory trade reporting and other AML obligations
Unique device number (IP address) and device information including the version of web browser you use When you visit our website, navigate through the pages or fill in any forms, we may collect your unique device number or IP address in order to set up your profile.
Financial sanctions and credit header information  In order to perform our electronic AML screening checks and to comply with other fraud detection policies. This may generate further information on your credit history, criminal convictions or political interests leading to us making decisions based on the results of these checks

 

6. Lawful basis for Processing

Avior utilises processing for the following lawful means:
  1. Processing that is necessary for the performance of a contract with your Company or to take steps to enter into a contract to conduct regulated activities, and
  2. Processing that is necessary for compliance with a legal obligation.

7. Who else may have access to your Personal data?

Avior Capital Markets may need to share personal data with third parties as may be required by law, or in order to fulfill contractual obligations. Where your personal data is shared with third parties, we will ensure that equivalent safeguards are offered in order to protect your personal data.


8. Contact Details

In order to exercise all rights, queries and complaints, please contact Avior Capital Markets’s compliance department through the Contact Us form or compliance@avior.co.za.