List of active policies
Welcome to the Academy Learning Management System (hereinafter referred to as the LMS), Sanlamâ€™s (Sanlam Life Insurance Limitedâ€™s) secure online learning platform for Sanlam intermediaries (i.e. representatives, both advisers and brokers, with active Sanlam contracts), authorised support staff of Sanlam intermediaries and Sanlam staff where your internal training records, including relevant legislated fit and proper requirements are captured, stored and used in terms of the relevant legislated and contractual disclosures. The LMS is found on the Sanlam secure website known as Sanport.
1. Important information
from time to time and your use will be governed by the most recent terms
note that the use of the name Sanlam herein also refers to the Academy, where
applicable, and vice versa
Please address any
comments, issues or concerns to the Academy at SFPAInternal@sanlam.co.za.
Also note that the Academy adheres
to the Protection of Personal Information Act and the internalÂ rules and
regulationsÂ of Sanlam,
including Sanlam Policies, to ensure that data provided is secure and used for
the purposes for which it is collected. (please see points below for further
2. Nature of the LMS
The LMS provides access to training interventions, supervision management system and relevant profiles of intermediaries linked to Sanlam for record - keeping purposes.
Subscribing to any services through the LMS is subject to the Academyâ€™s contractual terms and conditions, and applicable legislation. By accessing the LMS you accept that all the information you have access to is confidential, is of a proprietary nature to Sanlam and is not generally in the public domain. You also accept that Sanlam and other third parties could suffer irreparable harm, loss and damages if the information accessed is used in an unlawful manner or for unauthorised purposes.
Links to third party
websites are provided for the convenience of users and may be discontinued at
any time. The fact that Sanlam provides a link to a third party website does
not necessarily mean that Sanlam endorses, authorises or sponsors that website,
or that Sanlam is affiliated to such websiteâ€™s owners or sponsors. Sanlam is
not responsible or liable for any content displayed on a third party website
that is not under Sanlamâ€™s direct control. Accordingly, your use and reliance
on information available on third party websites is done at your sole and
absolute risk, which includes any direct or indirect loss or damages which
Sanlam or any third party may suffer. By using the LMS you also provide tacit
consent that the Academy may use your information for statistical and recording
keeping purposes. You also tacitly consent to the Academy disclosing relevant
information to applicable departments within Sanlam, regulatory, professional
and/or educational bodies where applicable.Â
3. Access for proxy users
An intermediary may not complete any training intervention using a proxy code allocated to their name. Should a proxy code be used and the intermediary code is audited, needing a transfer of data from the proxy code to the intermediary to reflect competency, an affidavit will be requested indicating that the training interventions were indeed completed by the intermediary in question.
This requirement is due to the fact that a proxy
code may be used by multiple users and to keep in line with the fit and proper
requirements one must under oath declare competency.
Â 4. Protection of personal information
The personal information of clients, intermediaries and third parties provided on the LMS is protected by the legislation and the constitution of the Republic of South Africa.
4.1. Legal basis for processing?
The Academy will only use your personal information where legally and contractually permitted, authorised and obligated to do so. Â Most commonly, we will use your personal information in the following circumstances:
- To Â fulfil the contractual obligations to Sanlam by ensuring that an intermediary or staff/employee meet the required competencies, compliance and regulatory requirements
- To Â advance our legitimate interests (for example, for record keeping purposes to enable reporting to relevant internal and external stakeholders)
- To comply with legislation or a legal/contractual obligation.
Intermediary information will only be provided to management, regulatory, professional and/or educational bodies, where the intermediary has completed a training intervention and disclosure is required in terms of a contractual obligation between the Academy and such body/management.
Â LMS users must protect the personal information of clients and intermediaries to ensure that it is not disclosed or accessed unlawfully or negligently. Personal information includes all information related to a natural or juristic person, including name, identification number, contact details, physical characteristics, financial information, health information, etc. This list is not exhaustive.
Â 4.2. The purpose of processing
The Academy will process your personal information for the following purposes:
- For enrolment onto courses nominated by you.
- To provide you with information about the Event(s) for which you have registered, or need to be made aware of to be registered for.
- For general administration and organisation of events and training interventions.
- To fulfil and monitor our legal responsibilities, for example, recording keeping for fit and proper requirements.
- To analyse data with respect to courses
- To create a delegate list (which will include your name and ID number, which will be shared with Sanlam Staff.)
- To improve and enhance our service offering for future training initiatives.
4.3. Information processed
We require certain personal information for your online profile to exist. This data is provided at your contracting stage with Sanlam and filtered to the Academy as an extension of the business.
- Â your title, names, and surname, home address, email address and / or telephone number;
- your identity number (for verification purposes);
- Â your job title and role;
- your intermediary code;
- Dietary requirements
- Your contract type
Your fit and proper status (including qualifications and registration of product and class of business categories)
o Sanlam may photograph and film an event which will be used to market our services and to promote future events. Sanlam will therefore process your image. You will be notified if we intend to photograph/film an Event, for example, in the invitation and on signs at the entrance to the Event.Â If you do not wish to be photographed or filmed at an Event, please contact us. Where possible, we will provide photo- and film-free zones and seating for those who do not want their picture taken.
o Records of communications sent to you by Sanlam or that we receive from you in relation to an Event you will attend/have attended.
4.4. With whom will Personal data be shared?
Within Sanlam and its corporate group of companies, your personal information is shared only with those entities, departments and staff who require access for the processing purposes set out above.
We may share some of the information with external organizations where there is a legal obligation to do so, such as with INSETA, FPI and/or QCTO.
In facilitating access to training interventions, Sanlam makes use of third party service providers (including from generation service providers, hosting service providers, events management companies and event organisers). Such third party service providers may be located in jurisdictions that do not have equivalent data protection laws to South Africa, but we will always ensure that the third parties are subject to a binding agreement which requires them to uphold the principles set out in South African data protection laws and apply the necessary security measures to your personal information.
For further details, please see:
3rd party CPD providers ( outside of the Academy)
The assumption is made that your attendance to a CPD event held outside of the Academy (that is, with Glacier, SPW, etc.) has been done voluntarily and with your consent for the 3rd party to share your information with the Academy for record keeping purposes, certification and record and reporting purposes.
4.5. How long is your personal information kept?
We will only retain your personal information for as long as reasonably necessary to fulfil the purposes for which we collected it , including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal information for a longer period if permitted in terms of applicable laws, including in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
Â 4.6. Your rights in relation to your Personal Information
You have certain rights in terms of applicable data protection laws with regard to the processing of your personal information. Such rights include the right to: request access to your personal information we hold, and where applicable,
- rectification or
- deletion of such information; .
- right to lodge a complaint to the Information Regulator contact details:Â
P.O Box 31533, Braamfontein, Johannesburg, 2017
ComplaintsÂ email:Â complaints.IR@justice.gov.za
Warranties provided by you:
For all purposes, you confirm that
- You are who you say you are, and that you can prove your identity should Sanlam require you to do so.
- All information you provide at any time to Sanlam using the SanPort website, will in all respects be current, complete and accurate.
- Support staff are and will at all times be expressly authorised to act on behalf of the intermediary.
- You will ensure that all Sanlam information in your possession or under your control or to which you have access to is, and at all times, will be secure.
Warranties provided by Sanlam:
While Sanlam, and the Academy will take care to provide accurate information on the SanPort website, the information is provided without any express or implied warranty that it is complete or accurate and the onus is on you to verify that the information you use is accurate, complete or up to date. It is your responsibility to advise the Academy of any changes and update your record on the LMS accordingly. Â Content is subject to change without notice.
6. Protection of passwords
You need a user identification â€œuseridâ€ and password to access the SanPort website in order to access the LMS . You are entirely responsible for
- Maintaining the confidentiality and security of your password. You must not, and undertake not to give your password to anyone else.
- All activities that occur using your userid and password, either with or without your knowledge.
- Notifying Sanlam immediately in writing of any unauthorised use of your userid and password or any other breach of security that you know of or have caused or which you become aware of.
- Losses, both direct or indirect, suffered by Sanlam or a third party, including clients, due to someone other than you using your user id and password.
7. Secure Access to Sanlam applications and websites
8. Third party software and cookies
To use the SanPort website in order to gain access to the LMS you need to have appropriate third party software installed on the device used to access the website. The SanPort website is not warranted to work if software other than that specified below is installed on the device used to access the website. You need to have
- Browsers: Internet Explorer 9, 10 or 11; Google Chrome up to 49; or Safari 4+.
- PDF readers: Adobe 9 or X.
To use the SanPort website you need to have cookies enabled on the device used to access the website.
9. Restricted use
Unless otherwise indicated in writing, all information, products and services displayed on or accessed through the LMS are exclusively for the servicing of Sanlam intermediaries.
You may not
- Modify or create derivative works from, publish or license any of the content displayed on the LMS without Sanlamâ€™s prior written authority.
- Decompile, reverse engineer, or disassemble the LMS, a linked website, or any other software employed in the display or operation of the LMS.
- Post on or upload to the LMS content that is of an unlawful nature, for example: (a) contents that is threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane; or (b) content that could damage Sanlamâ€™s image or impair its ability to do business.
- Use the LMS in a manner that could damage, disable, overburden, or impair any Sanlam server, computer or network, or interfere with any other partyâ€™s use of the LMS
- Interfere with any content displayed on the LMS or attempt or gain unauthorised access without Sanlamâ€™s written consent to the information displayed or services available on the LMS to which you are not authorised, or to any secure applications or websites to which you are not authorised, or to a Sanlam server or any other part of Sanlamâ€™s information system. Any attempt, whether successful or unsuccessful, to interfere with the information or to gain access to information, services, applications or website to which you are not authorised or to any part of Sanlamâ€™s information system is unlawful and is an offence in terms of the provisions of Section 86 of the Electronic Communications and Transactions Act No. 25 of 2002, for which you may be prosecuted and, if found guilty, punished.
- Create a link from another website to the LMS, or any of the pages therein, without Sanlamâ€™s prior written consent.
- Frame the LMS or any of its pages without Sanlamâ€™s prior written consent.
10. Intellectual property rights
The LMS and all its content, including software, text, graphics, icons, hyperlinks, private information and designs, are owned by or licensed to Sanlam. The intellectual property rights in this content are protected against infringement by local and international legislation and treaties, and may therefore not be used in any way without Sanlam or the licensorâ€™s prior written consent.
11. Electronic transactions, communications and records
By using the LMS you
- Consent to receiving communications from Sanlam electronically. You thereby agree that all electronic agreements, notices, disclosures, and all other communications sent by Sanlam satisfy any legal requirements that such communications must be in writing.
- Accept the risks inherent in electronic communication in whatever form.
- Consent to Sanlam acting on the information communicated to Sanlam electronically. You are responsible to ensure that Sanlam has received the information communicated electronically.
- Acknowledge and agree that Sanlam, in its discretion, may retain and store your electronic communications. You agree that the electronic records stored by Sanlam will constitute rebuttable proof of the content of the records.
- Acknowledge and agree that Sanlam, in its discretion, may keep a log of your usage of the LMS, including access to and use of information, services, electronic transactions and secure applications or websites.
- Accept that any email or SMS communication sent to you will be regarded for the purposes of this agreement to have been received by you when it enters an information system outside of the control of Sanlam.
- Acknowledge and agree that if any payments are to be made by you to Sanlam you will use a payment system that Sanlam authorised in writing.
Sanlam, and the Academy will not be responsible for
- Any loss incurred or damages suffered (whether direct, indirect, special or consequential) to you or any third party that may be attributable, directly or indirectly, to your negligent use of, or reliance upon, any content displayed on the SanPort website, by you.
- Any interruption, delayed or failed transmission, loss of programs or other data, or the storage or delivery of information resulting from whatever cause.
Sanlam reserves the right to
- Refuse you further access to the SanPort website (and in turn the LMS) if
(b) Sanlam is unable to verify or authenticate any information you provide to it;
(c) Sanlam believes you are conducting activities that are illegal, abusive, threaten the integrity of the
website, or may place Sanlam in disrepute.
- Refer any breach to the police if such breach constitutes a crime.
- Claim damages for all loss and damage it suffers, and expenses it incurs, as a result of, in connection with or arising out of your breach.
- Institute disciplinary action against you.
- Initiate, where applicable, debarment proceedings against you.
- Proceed against you by way of civil action for any loss, damages, expenses and the like suffered by Sanlam or any third party.
- At any time to monitor your access to and use of the SanPort Website
Â With regard to Independent Financial Services Providers or their representatives, you hereby indemnify Sanlam against all direct and indirect, general and special loss/damages, including consequential loss/damages suffered by Sanlam or any other third party in the event that Sanlam is held liable, either directly or by way of joint and several liability for any loss or harm suffered by any data subject/member/3rd party, or if Sanlam itself suffers any loss or harm, as a result of any matter arising out of or in connection with or as a result of a breach of one or more of your obligations in respect of the protection of personal information.
15. Jurisdiction and applicable law
Your use of the LMS will for all purposes relating to its use, constitute your consent and submission to the jurisdiction of the Western Cape High Court, Cape Town.
Any matter arising out of this document, including any claim arising from the use or inability to use the website is subject to and will be governed by the laws of the Republic of South Africa in respect of both the basis of the claim (contract, delict (tort), or any other), and the law relating to procedure and evidence.
All proceedings will be held in English and the unsuccessful party will be liable to pay all costs incurred by the successful party, including costs as between attorney and own client.
16. Sanlamâ€™s consent