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Land Bank Privacy Notice
 

​​​​​​CUSTOMER PRIVACY NOTICE

LAND AND AGRICULTURAL DEVELOPMENT BANK OF SOUTH AFRICA
THE PROTECTION OF PERSONAL INFORMATION ACT


  1. BACKGROUND AND PURPOSE OF THIS NOTICE

    2. ​

    The Bank has developed a customer privacy notice to enable its customers to understand how the Bank collects, uses and safeguards their Personal Information, in accordance with the requirements of the Protection of Personal Information Act (“POPIA”). 

    Land Bank undertakes to comply with the provisions of POPIA and all other applicable laws in processing customer Personal Information and shall ensure the lawful processing of Personal Information is in accordance with applicable laws.​​​


  2. SCOPE

    3. The Notice applies to all persons (both natural and juristic) whose Personal Information is collected by the Bank regardless of form and collection medium. This includes employees, clients, service providers, consultants and also include all services and financial products offered by the Bank.​​​​​​


  3. TYPE OF INFORMATION COLLECTED​


    4. ​Personal Information is data that on its own or combined, can be used to identify the customer. The Personal Information, that the Bank collects and store varies depending on what the Bank’s need for its functions and responsibilities. The Information may include:

    • customer name, address and contact details (e.g. e-mail address; physical address, residential address, telephone number);  
    • information about customer’s identity (such as date of birth, Identity number, country of birth,);  
    • information about customers ‘marital status (married, single, divorced)  information about customer’s financial history (e.g. income, expenses, obligations, assets and liabilities or buying, investing, lending, insurance, banking)  
    • employment history and current employment status (for example when a customer applies for credit, applications for employment, work history, reference comments and remuneration.​​​​​​

  4. SPECIAL PERSONAL INFORMATION


    5. Land Bank also collects ‘Special Personal Information’ which is a subset of Personal Information under the POPIA.
    Special Personal Information includes Information about the following:​

    ​​​​​​​​

    • customers’ membership of a professional or trade association, or a trade union;  
    • customers racial or ethnic origin;  
    • criminal activities customers may have been involved in; and  
    • ​the Bank will only collect Special Personal Information if its collection is reasonably necessary for, or directly related to, one or more of the Bank’s functions or activities or the collection is required or authorised by law.

    ​

  5. WHEN AND WHY WILL LAND BANK PROCESS CUSTOMERS’ PERSONAL INFORMATION

    6. ​​

    The Bank may process customers’ Personal Information for lawful purposes relating to its business if the following circumstances apply:

    • the customer has consented thereto;  
    • it is necessary to conclude or perform under a contract with the customers or to provide solutions to the customers (Establish and enter into Land Bank-customer relationship and contract);  
    • assess the risks of money-laundering, sanctions compliance, fraud or other regulatory requirements;  
    • search, and update customers’ records at credit bureaus;  
    • verify the customers’ identity and assess ability to get credit or give collateral;  
    • the law requires or permits it; and  
    • it is required to protect the customer, bank or third party’s legitimate interest.

    ​​​​

  6. FROM WHERE, DOES LAND BANK OBTAIN PERSONAL INFORMATION ABOUT CUSTOMER​​

    7. ​​​​​​

    • directly from customers;  
    • from public sources (company registers, deed registries, social media);  
    • from third parties (approved business partners holding a relationship with the bank); and  
    • from technology such as e-service portals.

    ​​​​​​​​​​​​​​​

  7. WHY DOES LAND BANK FURTHER USE OR PROCESS CUSTOMERS PERSONAL INFORMATION?


    8. The Bank may use the Personal Information for other purposes including:

    • third Parties: We may have to share our customer’s Personal Information with third parties, including third-party service providers, sub-contractors and Regulators;  
    • the Personal Information is used for historical, statistical or research purposes, the results will not identify the customer’; and  
    • if the Bank must adhere to the law.​ 


  8. WHEN DOES THE LAND BANK SHARE CUSTOMERS PERSONAL INFORMATION


    9. ​The Bank will only share customers’ Personal Information if any one or more of the following apply:

    • the customer has consented thereto;  
    • it is necessary to conclude or perform under a contract with the customers or to provide solutions to the customers;
    • the law requires or permits it; and  
    • it is required to protect the customer, bank or third party’s legitimate interest  

    ​

  9. LAND BANK MAY SHARE A CUSTOMER’S PERSONAL INFORMATION WITH THE FOLLOWING ENTITIES AND THIRD PARTIES:

    10. ​​

    • Other entities (regulatory authorities, government agencies, industry ombudsman, attorneys, debt collectors, tracing agents and any other person that assist with the enforcement of agreements);  
    • Third parties (service providers, agents and subcontractors) and any other as may be required either contractually, by law, or legitimate interest;  
    • Credit bureaux;  
    • Land Bank Insurance; 
    • Other Banks and Financial Institutions;  
    • SAPS;  
    • Assurance service provider (Internal and External auditors); and  
    • Social Media.

    ​​​

    Land Bank will not sell customers’ Personal Information to third parties.​ 


  10. SECURITY

    • Land Bank will take appropriate and reasonable technical steps to protect customer’s Personal Information in line with information security best practices.  
    • The Bank’s security measures include physical and technological security measures to safeguard customers’ Personal Information. 

    ​

  11. HOW LONG DOES LAND BANK KEEP CUSTOMERS PERSONAL INFORMATION


    12. Land Bank will retain your data for as long as:

    ​

    • required by law and any statutory requirement such as anti-money laundering, counter terrorism and regulatory requirements;  
    • a contract between the customer and the Bank; and  
    • the customer has consented to the Bank keeping it. ​

    ​

    The Bank will ensure that reasonable steps are taken to destroy or erase data when it is no longer necessary to store, in line with the required regulatory retention periods.​

    ​

  12. DISCLOSURE OF CUSTOMERS PERSONAL INFORMATION​


    13. ​​Land Bank will not share customers’ Personal Information unless:

    • ​there is consent from customer;  
    • the Bank is required to do so by law;  
    • in the course of the business;  
    • ordered by the court of law;  
    • to meet statutory requirements such as tax reporting requirements; and  
    • in respect of public interest. When protecting the public interest, Land Bank may be required to disclose information such as a client debt to credit bureaus or debt collection agencies.  


  13. SERVICE PROVIDERS

    14. ​

    When the Bank share customers’ Personal Information with selected service providers who complete work on behalf of Land Bank, the bank will ensure that appropriate protection measures of customer Personal Information are in place with these third parties, in accordance with our obligations under the POPIA.​​​

  14. CUSTOMERS DUTIES AND RIGHTS REGARDING THE PERSONAL INFORMATION LAND BANK HAS ABOUT THEM
    1. ​​RIGHTS TO ACCESS


      2. Customers have the right to make a request to access the Personal Information the bank has about them as permitted by law by using FORM 2 REQUEST FOR ACCESS TO RECORD and email the form to PAIA@landbank.co.za. 

      Click here​ to access the FORM 2 (FORM 2 REQUEST FOR ACCESS TO RECORD)

    2. RIGHT TO CORRECTION AND DELETION OF PERSONAL INFORMATION

      • Customers have the right to correct their Personal Information held by Land Bank to ensure that is accurate, complete and updated. 
      • Customers must inform the bank when their Personal Information changes, as soon as possible after the change.
      • Customers may request for their Personal Information to be deleted by completing the prescribed FORM 2 FOR THE REQUEST TO DELETE OR CORRECT PERSONAL INFORMATION IN TERMS OF POPIA.
      • Click here to access the FORM 2 (THE REQUEST TO DELETE OR CORRECT PERSONAL INFORMATION IN TERMS OF POPIA.

      ​​

    3. RIGHTS TO OPT OUT

      4. opt-out of marketing messages​

      • Land Bank will not issue targeted marketing to our customers unless it is for Land Bank services they are already using or unless we have the requisite consent to do so.  
      • ​If they no longer want to receive marketing messages from Land Bank, they can choose to opt out at any time using the means made available to them.​


    4. RIGHTS TO OBJECTION


      5. Customers may object on reasonable grounds to the processing of their Personal Information where the processing is in their legitimate interest or in the legitimate interest of another party.​​

    5. RIGHTS TO WITHDRAW CONSENT


      6. ​​​​Where the customer has provided their consent for the processing of their Personal Information, the customer may withdraw their consent.

    6. ​RIGHTS TO COMPLAIN​

      • If you have any questions about this Privacy Notice or a complaint regarding the treatment of your privacy, please use the contact link on our website or contact our information officer using the details set out below. We will treat your requests confidentially. customercomplaints@landbank.co.za  
      • Our representative will contact you within a reasonable time after receiving your query or complaint to discuss your concerns and outline options regarding a resolution.  
      • We aim to ensure that your queries and complaints are resolved in a timely manner

      ​

      The contact details of the Land Bank Information Officer

      Information Officer: Mr Themba Rikhotso (Chief Executive Officer)

      Physical address:272 Lenchen Avenue Lakefield Office Park,
      Building A, 
      First Floor Die Hoewes Centurion

      Postal Address: P.O. Box 375, Tshwane, 0001

      Tel number: 012-686 0591

      Fax number: 012-686 0588

      Website: https://landbank.co.za

      Email: CEO@landbank.co.za

      As an escalation option, if you are not satisfied with the way Land Bank dealt with your complaint, customers can contact the Information Regulator.​ 

      The contact details of the Information Regulator are provided below:​

      Physical address: JD House, 27 Stiemens Street,
      Braamfontein
      Johannesburg
      2001

      Postal address: P.O Box 31533, Braamfontein,
      Johannesburg
      2017

      Tel number: +27 (0)10- 023 5200

      Website: https://inforegulator.org.za

      Complaints email: POPIAComplaints@inforegulator.org.za

      General enquiries email: enquiries@inforegulator.org.za