PRIVACY POLICY
This Notice explains how we obtain, use and disclose your personal information, as is required by the Protection of Personal Information Act 4 of 2013.
At Foreign Company Registration we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.
This Notice sets out:
Who we are
What information we collect
To whom we disclose your information
How we safeguard your information
Your legal rights
Changes to this Notice
How to contact us
The Information Regulator’s contact details
WHO WE ARE
In this Notice, “Foreign Company Registration”, “Tax Consulting SA Group” or “we” refers to one or more of the companies in the Foreign Company Registration Group that operate in South Africa.
CONSENT
By using this website, you consent to the collection, use and transfer of your personal information to the extent permitted in this Privacy Statement.
Please note that other websites that may be linked to this website, are not governed by this Privacy Statement. Visitors are encouraged to review the other website’s privacy statements before disclosing any personal information.
WHAT INFORMATION WE COLLECT
We collect and process your personal information mainly to provide you with access to our services and products, to help us improve our offerings to you and for certain other purposes explained below.
The type of information we collect will depend on the purpose for which it is collected and used. We will only collect information that we need for that purpose.
We collect information directly from you where you provide us with your personal details, for example when you purchase a product or services from us or when you submit enquiries to us or contact us. Where possible, we will inform you what information you are required to provide to us and what information is optional.
Children’s Information and Special Personal Information:
We do not intentionally collect or use information of children unless with consent. Our intention is to only process information of children with the consent of a parent or guardian or if the law otherwise allows or requires us to process such information.
Examples of the personal data we may collect includes but is not limited to the following:
- Full name and personal details including contact information;
- Proof of age and/or location to ensure we legally provide you with the relevant product or service;
- Financial details should you be required to make a payment to us or if we must remit a payment to you;
- Photographic ID, passport, or visa number and/or similar documents;
- Records of products and services you have obtained or applied for;
- Family, lifestyle, or social circumstances if relevant to the product or service you apply for; and
- Education and employment details or employment status for credit and fraud prevention purposes.
HOW WE USE YOUR INFORMATION
We will use your personal information only for the purposes for which it was collected or agreed with you, for example:
To provide our products or services to you, to carry out the transaction you requested and to maintain our relationship;
We will also use your personal information to comply with legal and regulatory requirements or industry codes to which we subscribe, or which apply to us, or when it is otherwise allowed by law (for example to protect Foreign Company Registration’s interests).
DISCLOSURE OF INFORMATION
We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with these privacy terms.
We may also disclose your information:
- Where we have a duty or a right to disclose in terms of law or industry codes;
- Where we believe it is necessary to protect our rights.
INFORMATION SECURITY
We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorised access and use of personal information. We will, on an ongoing basis, continue to review our security controls and related processes to ensure that your personal information is secure.
Our security policies and procedures cover:
Physical security;
Computer and network security;
Access to personal information;
Secure communications;
Security in contracting out activities or functions;
Retention and disposal of information;
Acceptable usage of personal information;
Governance and regulatory issues;
Monitoring access and usage of private information;
Investigating and reacting to security incidents.
THIRD PARTY PROVIDERS
When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.
TRANSFER OF PERSONAL DATA
We may need to transfer your personal information to another country for processing or storage. We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.
We may disclose your personal information to law enforcement, regulatory, or other government agencies, or to other third parties, in order to comply with legal or regulatory obligations or requests.
RETENTION OF YOUR INFORMATION
We will only retain your information for the period for which it is necessary to process the information for the purposes it was collected, or to meet a legitimate interest or as required to comply with an applicable legal requirement, whichever is longer.
YOUR RIGHTS
You have the right to:
- Access to your Personal Information;
- Request us to rectify, amend and/ or delete your Personal Information;
- Object to the use of your Personal Information;
- Restrict the processing of your Personal Information;
- Ask for the transfer of Personal Information you have made available to us; and
- Withdraw consent to the use of your Personal Information.
USE OF COOKIES
This site collects standard internet log information including your IP address, browser type and language, access times, and referring website addresses.
We or our service providers may use cookies to ensure that this Website is functions efficiently and to improve your website experience. For further Information on how we use cookies and other tracking technologies and how you can control and manage the use of cookies, please refer to our cookie policy.
ACCESS TO INFORMATION
You have the right to request a copy of the personal information we hold about you. To do this, contact us at privacy@taxconsulting.co.za and specify the personal information you require. We will take all reasonable steps to confirm your identity before providing details of your personal information.
Please note that a request to access for information other than personal information may be subject to a payment of a legally allowable fee as set out in our PAIA Manual accessible at our offices and our website https://foreigncompany.co.za/downloads/Foreign-Company-PAIA-Manual-2021.pdf.
CHANGES TO THIS NOTICE
This privacy statement was last updated on 30 April 2021. Please note that we may amend this Notice from time to time. Please check this website periodically to inform yourself of any changes.
HOW TO CONTACT US
If you have questions about this Notice or believe we have not adhered to it, or need further information about our privacy practices or wish to give or withdraw consent, exercise preferences or access or correct your personal information, please feel free to contact us:
South Africa: 011 467 0810
International: +27 11 782 5289
Email: privacy@taxconsulting.co.za
INFORMATION REGULATOR
You have the right to complain to the Information Regulator, whose contact details are:
Information Regulator
Email: inforeg@justice.gov.za
ANNEXURE A – DEFINITIONS
“Child” means a natural person under the age of 18 years who is not legally competent without the assistance of a competent person, to take any action or decision in respect of any matter concerning him or herself;
“Competent person” means any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child;
“Consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of information;
“Cookie” means small text files and codes that are stored in your web browser which are placed on your computer, smartphone, or other device when you visit a website;
“Third party” means any person (including companies, partnerships, legal entities, governmental authorities, and agencies) who are not party to the agreement, i.e., someone who is not you or us;
“Person” means a natural or juristic person;
“Personal information” means personal information as defined in the Protection of Personal Information Act, No. 4 of 2013;
“Process” or “Processing” means the collection, deletion, erasure or destruction, restriction, recording or storing, transmission or transfer, adaptation or alteration or use of your personal information;
“Website” means the Foreign Company Registration website and any other website operated by us or on our behalf;
COOKIE POLICY
The Financial Emigration (“our”) website uses cookies and similar technologies in order to understand how you use and save your references in order to allow you to better navigate our Site and provide you with the best site experience. This Cookie Policy is part of our Privacy Statement. Please read this Cookie Policy carefully and ensure that you understand it. By continuing to use our Site, it is deemed that you accept our Cookie Policy. If you do not agree with our Cookie Policy, please stop using our Site immediately.
WHAT ARE COOKIES
Cookies are pieces of code that are stored in your web browser. These text files are placed on your computer, smartphone, or other device when you visit a website and allows us, or a third-party partner to recognise you and make operations more efficient when you revisit our site, by allowing us to prioritise your interests.
USE OF COOKIES
We use cookies to obtain information about your visits and the devices you use to access our website. This allows us to tailor the content on our website to fit your specific needs and help us improve your experience. Where available this includes IP address and pseudonymous identifiers, operating system, and browser type and, depending on the cookie, also includes the reporting of statistical data about our users’ browsing actions and patterns
We use the following types of cookies:
| Cookie type | Purpose |
| Strictly Necessary Cookies | Essential to the operation of our Site and its functions |
| Analytics Cookies | Enable us to gather information that will help us to improve our Site and your experience of it (for example: what features you use, how easily you are able to navigate the site). |
| Functionality Cookies | Enable us to record your use of the Site, such as the choices you have made and remember your preferences to tailor the Site. |
| Persistent Cookies | Persistent cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit our Site. Any of the above cookies may be a persistent cookie |
| Session Cookies | Session cookies are temporary and only remain on your computer or device for the duration you spend on our Site. Session cookies are deleted when you close your browser. |
THIRD PARTY WEBSITES
As our website may link to third party websites that we do not control, we suggest that you check the policies of those websites for information about the cookies they may be using. Financial Emigration cannot accept any responsibility for any loss obtained through these third-party websites.
HOW YOU CAN CONTROL COOKIES
Cookies by themselves cannot be used to discover your identity and don’t damage your computer. Internet browsers normally accept cookies by default. You can change these settings if you wish. Your browser can be set to notify you when you receive a cookie, enabling you to decide if you want to accept it or not. If you choose not to accept cookies from the Financial Emigration website, it may limit the website functionalities or performance.
For more information on how to modify your browser settings to block or filter cookies, see https://www.aboutcookies.org. These are external links, and we are not responsible for its content.
CHANGES TO THIS COOKIE POLICY
We may alter this Cookie Policy from time to time. Any such changes will become binding on you on your first use of our Site after the changes have been made. Please check this website periodically to inform yourself of any changes.
In the event of any conflict between the current version of this Cookie Policy and any previous version(s), the latest version of the Cookie Policy prevails.
FURTHER INFORMATION
If you would like to know more about how we use cookies, please feel free to contact us at:
South Africa: +27 11 467 0810
International: +27 11 782 5289
Email: privacy@taxconsulting.co.za
For more information about privacy, data protection and our terms and conditions, please view Privacy Policy and Terms and Conditions.
WEBSITE DISCLAIMER
The information provided in this site is not intended to constitute tax advisory or legal advice and you use it as such, at your own risk. Financial Emigration (“the Company”) accepts no responsibility or liability for damages arising from the use of the information. If tax advisory and legal advice is required on any issue, you should contact us.
We and our affiliates, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this site or the information contained on this site or your inability to use this site. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.
ACCEPTANCE
These Terms and Conditions become effective when you access the site for the first time and constitute a binding agreement between the Company, including its subsidiaries and affiliates and yourself, which will always prevail. The updated version of these terms and conditions governs our respective rights and obligations each time you access this site.
Users are encouraged to refer to these terms and conditions before using the site as they may be updated from time to time.
NATURE OF INFORMATION ON THE SITE
All information on this site is only intended to provide you with general information about the Company. Nothing contained on this site constitutes an offer or agreement to enter into any transaction, nor does it constitute guidance, a proposal or recommendation to enter into any transaction.
All information is provided “as is” and should not be treated as professional, tax or legal advice of any kind. You should consult one of our professionals which comprise of admitted attorneys, chartered accountants, tax specialists and international mobility professionals before relying on any information on this site.
CONTENT YOU PROVIDE
All information submitted by you must be and must remain true, accurate, current and complete. You shall not misrepresent your identity.
By using the site, you grant us the right to use information, data, materials or other content you provide to us to be uploaded via the site or which you have provided for the purposes of rendering the services and such other purposes as set out in the privacy policy.
COMMUNICATIONS THAT ORIGINATE FROM YOU
We may assume that all electronic communications which reasonably appear to originate from You or a person You have told Us is authorised to act on Your behalf are in fact from You and the form in which We receive the communication is the same as when it was first dispatched.
INFORMATION FEEDS
We may use the services of other organisations to provide information on the site. We have no control over this information and make no representations or warranties of any nature as to its accuracy, appropriateness, or correctness. You agree that such information is provided “as is” and we will not be directly or indirectly liable for any damages that may arise from your reliance on it.
LINKED SITES
This site may contain links to other sites. While we try to provide links only to reputable sites, we cannot accept responsibility or liability for the information provided on other sites. Where you access a third-party site, you do so at your own risk.
PERMISSION FOR HYPERLINKS, DEEP LINKING, CRAWLERS AND METATAGS
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this site or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.
An application for linking must be submitted to dean@taxconsulting.co.za, alternatively privacy@taxconsulting.co.za. Once received we will do our best to respond and enter into further discussions with you. If you don’t get a written response from us within ten business days, consider your request as having been rejected.
Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.
YOUR PERSONAL INFORMATION
We will protect and use your personal information in accordance with our privacy policy.
INFORMATION ABOUT USE OF COOKIES
Our site uses cookies to distinguish you from other users of our site. This helps us to provide you with the best experience when you browse our site and allows us to improve our site functionality. By using our site, you are agreeing to the use of cookies as set out in our cookies policy.
OUR INTELLECTUAL PROPERTY
This site may contain the intellectual property of the Company, its subsidiaries or affiliates and may not be reproduced or disseminated in whole or in part without the Company’s written consent. We retain all copyright and other intellectual property rights in all material, including logos and other graphics and multimedia works published on or via the site.
Nothing on this site should be construed as granting any licence or right to use any trademark without our prior written permission and/or that of third parties, as the case may be. You may not, without our prior written permission, use our intellectual property or that of third parties for any other purposes.
An application to use our intellectual property must be submitted to privacy@taxconsulting.co.za. Upon receiving your application, we will do our best to respond and enter into further discussions with you. If you don’t get a written response from us within ten business days, consider your request as having been rejected.
Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the site, whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
TRANSMISSION OF INFORMATION
As we do not have the ability to prevent unlawful activities by unscrupulous persons, you accept that we cannot be held liable for any loss, harm or damage suffered by you as a result of such activities.
TERMINATION, SUSPENSION AND LIMITATION
We may modify, suspend or discontinue the site, whether temporarily or permanently, without notice to you. We may also impose limits or conditions on the right to certain services, features or functions and we may restrict access to parts of or all of the services on the site.
NO WARRANTIES OR REPRESENTATIONS
We do not warrant that the site will be error-free or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality.
HOW DISPUTES WILL BE RESOLVED
All disputes arising as a result of your use of the site or on the interpretation of these conditions or on any matter which in terms of the conditions requires agreement by the parties, (other than where an interdict is sought or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.
That arbitration will be held with only the parties and their representatives present at the offices of the Arbitration Foundation of Southern Africa, Sandton, Gauteng, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the foundation.
Either party will be entitled to have the award made an order of court of competent jurisdiction. The parties will keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential unless otherwise contemplated. The arbitrator will have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
THE LAW GOVERNING OUR RELATIONSHIP
The conditions will be governed and construed in accordance with the law of the Republic of South Africa without reference to any conflict of law provisions.
HOW TO CONTACT US
- If you have questions about this Notice or believe we have not adhered to it, or need further information about our privacy practices or wish to give or withdraw consent, exercise preferences or access or correct your personal information, please feel free to contact us:
South Africa: +27 11 467 0810
International: +27 11 782 5289
Email: privacy@taxconsulting.co.za
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