Treating Customers Fairly (TCF) Policy:

Introduction

TCF is a regulatory framework set by the Financial Sector Conduct Authority (FSCA). Its and outcome based regulatory and supervisory approach that shifts the responsibility of protecting consumers from the Regulator to the FSP.

 

XYZ  Broker’s TCF objectives should place  their customers at the center of their business aiming to achieve the six TCF outcomes in the fullest sense. 

 

The Six TCF Outcomes

 

The TCF outcomes are defined by the FSCA as follows:

 

TCF Outcome 1 – Customers must feel confident that they are dealing with an FSP where TCF is at the core of their culture.

TCF Outcome 2 – Products and Services marketed and sold are designed to meet the needs of identified customer groups and are targeted accordingly. 

TCF Outcome 3 – Customers are provided with clear information and kept appropriately informed before, during and after point of sale.

TCF Outcome 4 – Where advice is given, it is suitable and takes account of customer circumstances.

TCF Outcome 5 – Products perform as companies have led customers to expect, and service is of an acceptable standard and as they have been led to expect.

TCF Outcome 6 – Customers do not face unreasonable post-sale barriers when they want to change a product, switch providers, submit a claim or make a complaint.

 

Achieving Outcomes

 

The TCF Policy governs the way an XYZ Brokers conducts daily dealings with its customers ensuring that all customers are treated fairly, during all stages of the product life-cycle

and advice process.

 

Achieving the outcomes include:

 

Product and Service Design: Products and services are designed to meet customers’ needs with a focus on specific target markets and their unique requirements.

 

Promotion and Marketing: Appropriate products are marketed to specific target markets,

through clear and fair communications that are not misleading.

 

Advice: Our advisors are adequately trained to enable them to provide advice that is suitable to the needs of the customer concerned. They act in line with the objectives of TCF and avoid conflicts of interest.

 

Point-of-sale: We provide clear and fair information to enable customers to make informed

decisions with regards to our products and services. Risks, commitments, limitations and

charges are disclosed at the outset.

 

Information after point-of-sale: We provide information on an on-going basis to enable both our advisors and customers to monitor whether their needs are being met by the product or service selected.

 

Complaints and claims handling: We honour representations, assurances and promises that lead to legitimate customer expectations. Legitimate expectations must not be frustrated by unreasonable post-sale barriers. Claims and complaints are handled timeously, fairly and consistently.

 

Our customer’s feedback is important to us. We want to know whether your experience with us lives up to your expectations. If you have any feedback let us know, because your views are vital to helping us improve our service in the future.

Protection Of Personal Information (POPI) Policy:

PERSONAL INFORMATION:

 

Personal information is collected only when an individual knowingly and voluntarily submits information. Personal Information may be required to provide an individual with further services or to answer any requests or enquiries relating to this service.

It is the FSP’s intention that this policy will protect an individual’s personal information from being prejudiced in any way and this policy is consistent with the privacy laws applicable in South Africa.

The FSP collects, stores and use the personal information provide by an individual, in order to provide an estimated insurance quotation.

USE OF INFORMATION:

 

The FSP needs to collect personal or other information:

  • For underwriting purposes
  • Assessing and processing claims
  • Conducting credit reference searches or verification
  • Confirming and verifying an individual’s identity
  • For credit assessment and credit management
  • For purposes of claims history
  • For the detection and prevention of fraud, crime, money laundering or other malpractice
  • Conducting market or customer satisfaction research
  • For audit and record keeping purposes
  • In connection with legal proceedings
  • Follow an individual’s instructions
  • Inform an individual of services
  • Make sure the FSP’s business suits the individual’s needs

Personal information that an individual submits is used only for the purpose for which it was intended. Copies of correspondence that may contain personal information, is stored in archives for record-keeping and back-up purposes only.

The FSP will not, without an individual’s consent, share information with any other third parties, for any purposes whatsoever.

SECURITY:

 

The FSP strives to ensure the security, integrity and privacy of personal information submitted. The FSP will review and update its security measures in accordance with future legislation and technological advances. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure, however, the FSP will endeavor to take all reasonable steps to protect the personal information, which an individual submits to the FSP or to the FSP’s online products and services. The FSP will at all times set the highest standards to ensure the integrity of their systems.

The FSP may engage with other organizations to provide support services to the FSP. Third Parties are obliged to respect the confidentiality of any personal information held by the FSP. A Service Level agreement is in place with all Third parties to ensure adherence to all Privacy Policies.

The FSP’s employees are obliged to respect the confidentiality of any personal information held by the FSP. All employees are required to sign an employment contract which includes a confidentiality clause.

The FSP will not reveal any personal information to anyone unless:

  • It is compelled to comply with legal and regulatory requirements or when it is otherwise allowed by law
  • It is in the public interest
  • The FSP needs to do so to protect their rights

The FSP endeavors to take all reasonable steps to keep secure any information which they hold about an individual, and to keep this information accurate and up to date. If at any time, an individual discovers that information gathered about them is incorrect, they may contact the FSP to have the information corrected.

The FSP recognizes the importance of protecting the privacy of information collected about individuals, in particular information that is capable of identifying an individual (“personal information”).

CONDITIONS FOR THE LAWFUL PROCESSING OF PERSONAL INFORMATION:

 

According to the POPI Act there are eight conditions that must be complied with to ensure that the processing of personal information is lawful. These conditions include:

  1. Accountability:

The responsible party must ensure that the conditions set out in Chapter 3 of the POPIA and all the measures that give effect to such conditions, are complied with at the time of determining the purpose and the means of the processing.

  1. Processing Limitation:

Personal information may only be processed in a lawful and reasonable manner that does not infringe on the privacy of the data subject.

Personal information may only be processed if:

  • the data subject or a competent person, where the data subject is a child, consents to the processing;
  • processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is party;
  • processing complies with an obligation imposed by law on the responsible party;
  • processing protects a legitimate interest of the data subject;
  • processing is necessary for the proper performance of a public law duty by a public body; or
  • processing is necessary for pursuing the legitimate interests of the responsible party or of a third party to whom the information is supplied.
  • The FSP will also ensure that any personal information that is processed by it was obtained directly from the data subject.
  1. Purpose Specific:

The FSP will process personal information only for specific, explicitly defined, and legitimate reasons. The FSP will inform data subjects of these reasons prior to collecting or recording the data subject’s personal information.

  1. Further Processing Limitation:

Personal information will not be processed for a secondary purpose unless that processing is compatible with the original purpose.

Therefore, if the FSP wishes to process existing personal information for a purpose other than the purpose for which it was originally collected, the FSP will first obtain additional consent from the data subject.

  1. Information Quality:

The FSP will take reasonable steps to ensure that all personal information collected is complete, accurate and not misleading.

Where personal information is collected or received from third parties, the FSP will take reasonable steps to confirm that the information is correct by verifying the accuracy of the information directly with the data subject or by way of independent sources.

  1. Openness:

The FSP will take reasonable steps to inform all data subjects whose information is being collected of:

  • The information being collected and where the information is not collected from the data subject, the source from which it is collected;
  • The name and address of the responsible party;
  • The purpose for which the information is being collected;
  • Whether or not the supply of the information by that data subject is voluntary or mandatory;
  • The consequences of failure to provide the information;
  • Any particular law authorising or requiring the collection of the information;
  • The fact that, where applicable, the responsible party intends to transfer the information to a third country or international organisation and the level of protection afforded to the information by that third country or international organisation. 
  1. Security Safeguards:

The responsible party must secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of personal information; and unlawful access to or processing of personal information.

To achieve the abovementioned results, the responsible party must take reasonable measures to:

  • identify all reasonably foreseeable internal and external risks to personal information in its possession or under its control;
  • establish and maintain appropriate safeguards against the risks identified;
  • regularly verify that the safeguards are effectively implemented; and
  • ensure that the safeguards are continually updated in response to new risks or deficiencies in previously implemented safeguards.

 

 

  1. Data Subject Participation:

A data subject may request whether their personal information is held, as well as the correction or deletion of his or her personal information held by the FSP. The FSP will take all reasonable steps to confirm your identity before providing details of your personal information.

CONTACT INFORMATION:

 

Any questions relating to the FSP’s POPI policy or the treatment of an individual’s personal data may be addressed to the contact details below:

 

Information officer:      Estelle Grobler 

Telephone number:     061 582 5475      

Postal address:           4 Jeffreys Street, Jeffreys Bay,6330 

Email address:            capealoefunerals@gmail.com 

Website:                      capealoefunerals.com  

 

POPI COMPLAINTS:

 

Data subjects have the right to complain in instances where any of their rights under POPIA have been infringed upon.

 

All complaints must be submitted to the FSP in writing and will be considered by the Information Officer.

Where the data subject is not satisfied with the Information Officer’s determination, the data subject has the right to complain to the Information Regulator.

 

Information Regulator:

 

Tel:      010 023 5200

Email: enquiries@inforegulator.org.za / POPIAComplaints@inforegulator.org.za         

Complaints Management Framework:

DEFINITIONS:

 

 

Client refers to a specific person or group of persons / members, policyholder, or potential policyholder.

 

 

Policyholder query is a request to the insurer or the intermediary by the policyholder for information regarding the insurer’s policies, services, or related processes. It can also refer to a request to carry out a transaction or action in relation to any such policy or service.

 

 

Complainant refers to a person who submits a complaint:

  1. Policyholder or the policyholder’s successor in title
  2. Beneficiary or the beneficiary’s successor in title
  3. A person whose life is insured under a policy
  4. A person that pays a premium in respect of a policy
  5. A potential policyholder

Complaint is an expression of dissatisfaction by a person to a company / insurer or to the agreement with the company / insurer in respect of its products or services that:

  1. Failed to comply with an agreement, code of conduct, rule or law
  2. Caused the complainant harm, prejudice, distress or substantial inconvenience
  3. Treat the complainant unfairly

Reportable complaint refers to any complaint other than a complaint that has been:

  1. Upheld immediately by the person who initially received the complaint
  2. Upheld within the company’s ordinary process for handling customer queries in relation to the type of agreement, product or service complained about only if that process does not take more than fifteen business days to be completed from the date the complaint is received
  3. Brought to the attention of the company where the company does not have reasonable opportunity to record the details of the complaint as may be prescribed in relation to reportable complaints

Upheld means that a complaint has been finalised in full or partially in favour of the complainant and that:

  1. The complainant has accepted that the matter and has been resolved in full;
  2. It is reasonable for the company to assume that the complaints has been accepted;
  3. All steps taken by the company to resolve the complaint have been met, and / or the complainant has indicated their satisfaction with any arrangements to ensure such steps will be met by the company within an acceptable time to the complainant.

Rejected regarding a complaint means that the complaint has not been upheld and the company regards the complaint as finalised after advising the complainant that it does not intend to take any further steps to resolve the complaint including complaints regarded by the company as unjustified or invalid, or where the complainant does not accept or respond to the company’s proposals to resolve the complaint.

 

 

Compensation payment is a payment whether monetary or in the form of a benefit or service by or on behalf of the company to a complainant to compensate the complainant for a proven or estimated financial loss incurred because of the company’s contravention, non-compliance, action, failure to act or unfair treatment resulting in the reason for the complaint. The company accepts liability for having caused the loss concerned but excludes any:

  1. Goodwill payment
  2. Payment contractually due to the complainant in terms of a policy
  3. Refund of an amount paid by or on behalf of the complainant to the company where such payment was not contractually due.

This includes any interest on late payment in 1 or 2 above.

 

 

Goodwill payment refers to a payment whether monetary or in the form of a benefit or service by or on behalf of the company as an expression of goodwill aimed at resolving the complainant where the company does not accept liability for any financial loss to the complainant because of the matter complained about.

 

 

INTRODUCTION:

 

 

GEO CONSULTANCY  complaints management framework formalises the policy and procedures required to properly handle and effectively resolve complaints received.

 

The framework also guides the analysis of complaints to identify the root cause and thereby assisting us with the improving of our policies and procedures to reduce complaints.

 

 

OBJECTIVES:

 

In maintaining an effective complaints management system that can:

  1. Ensure we treat our clients fairly.
  2. Complaint management is properly assigned with defined time frames for response and resolution.
  3. Effectively report and analyse complaint data to identify trends relevant to complaints.
  4. Efficiently resolve complaints in appropriate turnaround times.
  5. Manage our complaints more effectively.
  6. Establish a trend in the market that identifies GEO CONSULTANCY as a company that takes the needs of their clients seriously and continually strive for service excellence.
  7. Improve the level of analysis reporting to the regulator.

 

RECORD KEEPING, MONITORING AND ANALYSIS OF COMPLAINTS:

 

  1. All documentation received regarding a complaint will be saved for a period of five years.
  2. All reportable complaints received are recorded in a complaints management system and are appropriately assigned for resolution.
  3. Information relating to the complaint received is recorded in the complaints management system which includes voice recordings, e-mails and other supporting documentation relevant to the complaint.
  4. Each complaint received will have an allocated reference number which will be reflected on all complaint’s responses.
  5. All complaints recorded will be centralised for:

–    Easy and effective reporting with unique reference numbers

–    Handling & follow up

–    Conclusion & reporting

–    Identification of complaint causes & the development of corrective measures to policies and procedures.

–    Improved analysis of complaints and the reporting thereof to the regulators

 

 

COMPLAINT CATEGORIES:

 

Complaints are categorised as follows:

  1. Policy design or service
  2. Information provided to policyholders
  3. Advice
  4. Policy performance
  5. Service to policyholders
  6. Policy accessibility (ability to make changes, or switches)
  7. Complaints handling
  8. Claims and non-payment of claims

COMPLAINTS MANAGEMENT PROCESS:

 

  1. INITIAL COMPLAINT:
  • GEO CONSULTANCY receives notification of the complaint.
  • If the complaint is an enquiry, the complaint is not recorded in the complaints management system. The complaint will be handled either telephonically or by e-mail and resolved.
  • If the complaint received is a reportable complaint it is registered in the complaints management system, and a complaint reference number is allocated.
  • The complaint is assigned to the department manager by the compliance manager based on the category of the complaint received.
  • The manager assigned to the complaint will contact the client and acknowledge the complaint within 24 hours of receiving the complaint and advise the client of the process that will be followed regarding the complaint.
  • An investigation is undertaken to resolve the complaint.
  • Complaints need to be resolved within 4 weeks of receiving the complaint.
  • Any delays experienced need to be communicated regularly with the complainant to ensure the complainant is aware of the complaint status, and actions being taken to resolve the complaint.
  • Once the investigation is completed the department manager will contact the client by telephone or mail in the event that the complaint is easily resolved.
  • The complaints management system is updated regarding the status of the complaint and the outcome thereof.
  1. COMPLAINT ESCALATION:
  • If the client is not satisfied with the outcome of the complaint, they may request that the complaint be escalated to the independent arbitrator.
  • The compliance manager and relevant department manager will provide all the information regarding the complaint, the outcome as well as the reason for the decision in writing for further escalation to an independent arbitrator within 24 hours of receiving the clients request to escalate the complaint to the independent arbitrator.
  • The independent arbitrator will confirm the receipt of the complaint received for arbitration with GEO CONSULTANCY as well as the client within 24 hours of receiving the complaint.
  • The status of the complaint will be updated in the complaints management system.
  • The independent arbitrator will investigate the complaint, evidence provided as well as the written communication received by the client.
  • Any delays experienced in resolving the complaint will be communicated regularly with the complainant to ensure the complainant is aware of the complaint’s status, and actions being taken in order to resolve the complaint.
  • The independent arbitrator will take reasonable steps to keep GEO CONSULTANCY informed as to the progress relating to the complaint as well as their communication with the client in so ensuring that GEO CONSULTANCY is aware that the complaint is still in the process of being resolved.
  • The independent arbitrator will respond to the complainant advising the complainant as to the outcome of the complaint, including the reasons for the decision made. The complainant will additionally be provided with the contact details for the relevant ombudsman’s office for further escalation.
  • The outcome provided to the complainant by the independent arbitrator will be communicated to GEO CONSULTANCY.
  • The status of the complaint will be updated in the complaints management system in line with the outcome provided by the independent arbitrator.
  • The independent arbitrator has the authority to override previous decisions regarding the complaint.
  • The independent arbitrator’s response will be provided formally in writing and will provide the following information irrespective of the decision or outcome of the complaint concerned:
  • Contact details of the relevant ombudsman’s office.
  • The response from the insurer’s compliance manager including the details for decision made relevant to the complaint.
  • The decision made by the independent arbitrator and reasons for the decision made.

 

  1. COMPLAINT RESPONSE REQUIREMENTS:

All complaint responses provided by GEO CONSULTANCY or the independent arbitrator to the complainant must ensure the following:

  • Communication to the complainant that is clear and straight forward.
  • Objectivity and not subject to a conflict of interest.
  • Strict adherence to the required established time frames for responses
  • Treating the Customer Fairly must be applicable at all times.
  • Feedback needs to be provided regularly to complainant during the entire process of the complaint resolution.

 

  1. RESOLUTION TIME FRAMES:

Registering a complaint:

All complaints received irrespective of the format the complaint has been received in must be registered within the complaints management framework within 24 hours of receipt.

 

 

Acknowledging a complaint:

Registered complaints need to be acknowledged with the complainant within 24 hours of registering the complaint. The acknowledgement of the complaint can be done by e-mail or by telephone.

 

 

Complaint Investigation & resolution:

All complaints need to be resolved within 4 weeks of receipt of the complaint from the complainant. Should there be any delay in resolving a complaint GEO CONSULTANCY will communicate with the complainant advising them of the delay, and the reason for the delay being experienced.

 

Social media complaints that have been resolved will be communicated by the compliance manager, who will post the response with regard to the complaint.

 

 

  1. DECISIONS RELATING TO COMPLAINTS:

In the event of a complaint being upheld, any commitment provided by GEO CONSULTANCY to make a compensation or goodwill payment, or any such action the action will be carried out without delay and within a time frame agreed upon with the complainant.