PRIVACY POLICY AGREEMENT

This Privacy Policy applies to the personally identifiable information (Personal Information) of users of the ZAR X Website (the User or the Users), that ZAR X (Pty) Ltd, its subsidiaries and affiliates, (ZAR X), collect, use, share and safeguard via www.zarx.co.za (the Website).

By using the Website, the User agrees with and consents to this Privacy Policy.

The Website may contain links to third party Websites to which this Privacy Policy does not apply. If the User chooses to access any such Website, ZAR X recommends that the User review the third-party providers’ own privacy policies.

PRIVACY POLICY: RELATION TO THE TERMS OF USE

ZAR X’s Privacy Policy is incorporated into the Terms of Use and forms part of the Terms of Use of the ZAR X Website

PRIVACY POLICY: RELATION TO POPI

ZAR X’s Privacy Policy deals with ZAR X’s handling of any and all User information insofar as that User information is obtained and/or held via the Website. The Privacy Policy also references the Protection of Personal Information Act (POPI) insofar as the POPI Act is currently defined and regulated.

COLLECTION AND USE OF PERSONAL INFORMATION

The User may be required to provide ZAR X with contact information (such as name and email address) that ZAR X will use solely to contact the User regarding products or services advertised or offered via the Website that the User has expressed an interest in procuring. In certain instances, the User may also be required to provide financial information to ZAR X via the Website, for example for billing purposes.

The Website will collect Personal Information that the User willingly and voluntarily provides, as well as general information about User, for example the User’s language selection, the number of pages visited, and certain technical information regarding the User’s computer and operating systems.

ZAR X reserves the right to disclose User’s Personal Information under the following circumstances:

  • If ZAR X believes it is necessary to do so in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this Website's Terms of Use or as otherwise required by law
  • When ZAR X believes that disclosure is necessary to protect its legal rights and/or to comply with a judicial proceeding, court order, or legal process served on ZAR X
  • To companies working on behalf of or with ZAR X to provide the products or services requested by the user, who are subject to confidentiality agreements and do not have any independent or legal right to share the User’s Personal Information

With the User’s permission, ZAR X may also transfer information about the User to any future acquirer of ZAR X.

CONFIDENTIALITY AND SECURITY OF PERSONAL INFORMATION

ZAR X maintains physical, electronic and procedural safeguards that comply with applicable laws and regulations to protect the confidentiality of Users’ Personal Information. However, as there are no methods of data transmission or storage exist which are 100% secure, ZAR X does not guarantee the absolute security of a User’s Personal Information.

POPI – PROTECTION OF PERSONAL INFORMATION ACT

WHAT IS POPI?

THE PROTECTION OF PERSONAL INFORMATION ACT EXPLAINED

In simple terms, the purpose of the PoPI Act is to ensure that all South African institutions conduct themselves in a responsible manner when collecting, processing, storing and sharing another entity's personal information by holding them accountable should they abuse or compromise personal information in any way. The PoPI legislation aims to bestow upon the owner of the personal information certain rights of protection and the ability to exercise control over:

  • when and how you choose to share your information (requires your consent)
  • the type and extent of information you choose to share (must be collected for valid reasons)
  • transparency and accountability on how your data will be used (limited to the purpose) and notification if/when the data is compromised
  • providing you with access to your own information as well as the right to have your data removed and/or destroyed should you so wish
  • who has access to your information, i.e. there must be adequate measures and controls in place to track access and prevent unauthorised people, even within the same company, from accessing your information
  • how and where your information is stored (there must be adequate measures and controls in place to safeguard your information to protect it from theft, or being compromised)
  • the integrity and continued accuracy of your information (i.e. your information must be captured correctly and once collected, the institution is responsible to maintain it)

Examples of Personal Information for an individual could include:

  • Identity and/or passport number
  • Date of birth and age
  • Phone number/s (including mobile phone number)
  • Email address/es

The right to protection of "personal information" is applicable not only to a natural person (i.e. an individual) but also to any legal entity, including companies and communities or other legally recognised organisations. All of these entities are considered to be "data subjects" and are afforded the same right to protection of their information.

POPI: STATUS AS AT JUNE 2016

Certain sections of the POPI Act have already been implemented (under proclamation No. R. 25, 2014), but the majority of POPI (and specifically the sections that are more likely to lead to compliance requirements) will only commence at a later, as yet unknown date. This date is yet to be proclaimed by the President.

POPI: SECTIONS OF THE ACT WHICH HAVE BEEN IMPLEMENTED.

DEFINITIONS (SECTION 1):

This section does not create any laws itself, but is necessary for other sections.

THE INFORMATION REGULATOR (PART A OF CHAPTER 5):

Part A deals with the establishment, staffing, powers and meetings of the Information Regulator.

REGULATIONS (SECTION 112):

The Minister and the Information Regulator are now able to create regulations.

PROCEDURE FOR CREATION OF REGULATIONS (SECTION 113):

The procedure for creating regulations is now in place. There are no regulations as yet, and there are no expectations for the creation of any draft regulations before July 2016.

POPI: NEXT STEPS

The President is to appoint the Information Regulator. The start date for the implementation of POPI in earnest is currently anticipated to be towards the end of 2016. There will follow a one-year grace period that could be used by the Information Regulator to finalise the implementation. Currently it is anticipated that POPI compliance will only be enforced from the end of 2017.

USE OF COOKIES & LOG FILES

ZAR X may use cookies or other technology such as log files to gather anonymous information regarding the User usage of the Website to help ZAR X improve Website Content, usability and functionality, as well as to assist ZAR X in determining user-browsing patterns.

The User can set their Web browser to:

  • prompt the User before accepting a cookie
  • accept cookies automatically
  • reject all cookies

If the User chooses not to accept cookies from the Website, the User may not be able to access and use all or part of the Website.

MODIFICATIONS TO THE PRIVACY POLICY

ZAR X reserves the right to modify this Privacy Policy at any time.

The User will be notified in the event that ZAR X makes material changes to the Policy, either via email or by means of a notice on the Website

ZAR X CONTACTS

Please direct any questions or comments regarding the Privacy Policy to the webmaster@zarx.co.za

© Copyright 2016. ZAR X (Pty) Ltd., All rights reserved.

These Terms of Use were last updated on 20th July 2016 and are effectively immediately.

DOCUMENT SERIES

This document is part of series of documents providing a holistic view of the full trading and information services available from ZAR X Exchange.

For reference some of those documents are outlined below:

  • ZARX-100 – Functionality Overview
  • ZARX-101 – Connectivity Guide
  • ZARX-102 – Connectivity Detailed Tech specs
  • ZARX-103 – Connectivity Services Agreement and Physical Port Order Form.
  • ZARX-201 – Trading Gateway Specification (FIX)
  • ZARX-202 – Trading API (MITS/ ATS)
  • ZARX-203 – Clearing API (MITS/ ATS)
  • ZARX-204 - Market Data API (MITS/ ATS)
  • ZARX-301 - Trading Gateway Specification (Native)
  • ZARX-401 – Functional Specification: ZARX Exchange Trading Platform
  • ZARX-402 – Functional Specification: ZARX Circuit Breakers
  • ZARX-501 – User Manuals: MICS
  • ZARX-502 – User Training Manuals: MICS
  • ZARX-503 – User Manuals: Clarity Surveillance
  • ZARX-504 – User Manuals: AVVENTO
  • ZARX-900 – Website: Policies, Disclaimers, Terms & Conditions (this document)

COPYRIGHT & LIABILITY

Copyright © July 2016 ZAR X (Pty) Ltd.

ZAR X (Pty) Ltd. has used all reasonable efforts to ensure that the information contained in this publication is correct, but shall not be liable for decisions made in reliance on it.

ZAR X is a registered trade mark of ZAR X (Pty) Ltd.