PRIVACY POLICY

Last updated: [9 Jan 2025]

This Privacy Policy explains how personal data is collected, used, stored and shared when you access or use the Frey website, platform or any related applications (collectively, the “Platform”).

By using the Platform, you acknowledge that you have read and understood this Privacy Policy.

1. Brand and Data Controller

The services marketed under the name “Frey” are provided under a white-label arrangement. “Frey” is a service name and brand only and does not constitute a separate legal entity.

The Platform is operated by:

Van Der Stel Holdings Ltd, a company incorporated in the British Virgin Islands.

For the purposes of this Privacy Policy, Van Der Stel Holdings Ltd acts as the primary data controller in respect of personal data collected through the Platform.

2. Personal Data We Collect

We may collect and process the following categories of personal data:

  • full names;
  • contact details (including email address and telephone number);
  • residential and postal addresses;
  • government-issued identification details;
  • passport details;
  • compliance and due-diligence documentation (including KYC and AML information);
  • technical and usage data relating to use of the Platform.

We do not knowingly collect personal data from minors.

3. Purpose of Processing

Personal data is processed for the following purposes:

  • providing access to the Platform and Services;
  • onboarding and client administration;
  • compliance with legal and regulatory obligations;
  • coordination with trustees, administrators and other service providers;
  • communication with users;
  • platform security, analytics and improvement.

Personal data is not processed by Frey for investment decision-making.

4. Third Parties and Data Sharing

Personal data may be shared with third parties, including:

  • trustees;
  • administrators;
  • compliance and verification service providers;
  • IT, hosting and infrastructure providers;
  • professional advisors, where required.

 

Such third parties may act as independent data controllers or data processors, depending on the nature of the services provided and applicable law.

We do not sell personal data.

5. Cross-Border Transfers

Personal data may be transferred to and processed in jurisdictions outside the country in which it was collected.

Where cross-border transfers occur, reasonable steps are taken to ensure that personal data is protected in accordance with applicable data protection laws.

6. Legal Basis and Applicable Laws

Personal data is processed in accordance with applicable data protection laws, which may include:

  • South Africa’s Protection of Personal Information Act (POPIA);
  • the British Virgin Islands Data Protection Act;
  • the Cayman Islands Data Protection Act; and
  • the Bermuda Personal Information Protection Act (PIPA),

depending on the nature of the processing, the role of the relevant service provider, and the jurisdiction of the data subject.

7. Data Retention

Personal data is retained only for as long as necessary to:

  • provide the Services;
  • comply with legal, regulatory and compliance obligations;
  • resolve disputes and enforce rights.

8. Data Security

We implement reasonable technical and organisational measures to protect personal data against unauthorised access, loss, misuse or alteration.

No system is completely secure, and absolute security cannot be guaranteed.

9. Data Subject Rights

Depending on applicable law, you may have the right to:

  • access your personal data;
  • request correction of inaccurate or incomplete data;
  • request deletion of personal data, subject to legal obligations;
  • object to certain processing activities;
  • opt out of marketing communications.

Requests may be made using the contact details below.

10. Marketing Communications

You may receive communications relating to the Platform or Services.

You may opt out of non-essential marketing communications at any time.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any updates will be published on the Platform.

Continued use of the Platform constitutes acceptance of the updated Privacy Policy.

12. Contact

For privacy-related queries or requests, please contact: administration@frey.africa