Overview

This Privacy Notice informs you of important information about how Bakone International (Pty) Ltd, Bakone International Capital (Pty) Ltd and its affiliates (together, “Bakone” “we” or “our”) process the data that we collect online and offline formats through our Activities.

This Privacy Notice covers the data that we collect in the provision of our Activities. The term “Activities” refers collectively to:

• The provision of financial advisory services, advice on governance and shareholder engagement services to our clients and prospective clients (“Client Services”);
• The websites and mobile applications owned and controlled by us that link to this Privacy Notice (“Sites”); and
• Marketing and business development activities, including events we host, social media properties we create, and emails that we send (“Marketing Activities”).

Collection and Use of Data

Bakone collects and processes data about a number of different individuals through the provision of the Activities. These individuals include our clients and prospective clients, their representatives, visitors to our offices, visitors to our Sites, vendors, and any other individuals.

Clients and Prospective Clients

We operate in the financial industry which means we are statutorily required to obtain certain information before we can accept someone as a client. For individual clients, this includes but is not limited to:

• Names;
• Contact details;
• Financial information; and ― Identity documentation.

The majority of our clients are corporate entities. We process data of company employees, representatives and other data which clients provide to us, or allow us to collect on their behalf, while providing Client Services. This includes contact information and any other data that is relevant to or necessary for us to perform a proper background check, or a required background check in order to deliver Client Services.

We also process data to assist in building relationships. This includes names, contact information as well as job titles, this may also include education information, work history and gender. If you attend one of our events, we may also have information about your dietary requirements.

Bakone collects and uses this information to provide Client Services and for other legitimate business interests. For example, we use contact details to send communications, news updates and invitations to events.

We also obtain data from third-party sources in connection with Client Services and general internet searches. Such third-party information sometimes contains data about next of kin and credit status. We use this information to perform relevant due diligence, conduct investigations and perform conflict checks.

Bakone processes such data for the following purpose:

• Compliance with legal obligations and professional responsibilities.
• Pursuing our bona fide interests of:
• Delivering the best possible service to our clients;
• Keeping individuals informed of market developments;
• Marketing and business development;
• Providing information on our services and events; and ― Building and maintaining a good working relationships.
• Performance on contracts.

For prospective clients, or an employee or representative of a prospective client, we will process data including your name and contact details as well as details of any interactions you may have with us or our attorneys (for example, meetings you have had or pitches you have invited us to).

Bakone may obtain this information directly from you, from your employer or from publicly available sources like your employer’s website, for the following purpose:

• Pursuing legitimate interests in building our business and developing a relationship with potential new clients; and
• Performing any pre-engagement related activities.

Other Business Contacts

If you have had contact with Bakone, for example through emailing us or meeting a representative of Bakone, we collect, use and store limited amounts of personal information relating to you, such as your name, job title, employer organization and contact details. We also use publicly available information about you or information you have provided us with to add to Bakone’ contact database.

Bakone will collect and store this personal information for the purposes of:

• Maintaining a record of contacts;
• Providing periodic business updates as described below;
• Organizing meetings between you and your Bakone representatives; and
• Sending you periodic updates about Bakone’s business, activities and opportunities, in particular, by email and post; you can opt out of receiving updates at any time by asking your Bakone business contact to remove you from updates.

We will share the personal information we hold about business contacts with:

• Companies which process personal information on Bakone’s behalf;
• Professional advisors, such as accountants, lawyers or other consultants;
• Other companies in the Bakone group;
• Bakone’s auditors; and
• If applicable, regulators and other governmental agencies.

Visitors to Our Site

Certain visitors interact with the Sites in ways that lead us to gather data. The amount and type of data that we gather depends on the nature of the interaction. Visitors can always refuse to supply data.

The legal bases we rely on to process this information is:

• To pursue our legitimate interests in ensuring the safety and security of Sites;
• To pursue our legitimate interests in developing and growing our business, operating and improving the Sites; and
• Your consent, where we make it clear to you in advance that we are relying on your consent. Visitors to Our Offices

For visitors to Bakone’s offices we will take a record of names and contact information. This information is recorded for legitimate business purposes as well as for health and safety purposes so that we know who is in the building in event of an emergency. If you attend one of our events and we serve food, we may have information about your dietary requirements.

The legal bases that we rely on to process your data is:

• Compliance with legal obligations; and
• Ensuring the safety and security of our employees and visitors.

Vendors and Business Partners

Bakone processes data of vendors and business partners, including names and contact details. For vendors, we do this so that we can liaise about the services which vendors provide to us now and in the future. For business partners, we do this to support, grow and maintain relationships. For individual vendors and business partners, we also may hold financial information in order to pay invoices. Sometimes we receive this information from a third party who is recommending the service to us.

The data we hold about individuals associated with our vendors and business partners may be shared with:

• Entities which process personal information on Bakone’ behalf;
• Professional advisors, such as accountants, lawyers or other consultants;
• Other companies in the Bakone group;
• Bakone’s auditors; and
• If applicable, regulators and other governmental agencies.

Other Individuals

When we provide certain types of Client Services, we may receive data from third parties about a number of individuals other than those described explicitly in this Privacy Notice. The data we process will depend on the type of matter for which our client has retained us. For example, if we are engaged by our client to advise them on buying a business, we may receive data about the target company’s customers and employees in order to conduct a due diligence exercise and determine the risks that exist in the target business.

The primary reason we process this data is to provide Client Services, fulfil our professional duties, comply with the law and operate our business.

We can obtain this information from a number of different sources including our client, our client’s opponent or counterparty, the courts, tribunals and law enforcement or regulatory authorities.

The legal bases we rely on to process your data:

• To comply with our legal obligations and meet professional responsibilities;
• To pursue the legitimate interest of operating our business, providing Client Services and conducting Marketing Activities.

Additional Uses of Data

Some of these uses may, under certain circumstances, be based on your consent, may be necessary to fulfil our contractual commitments to you, or are necessary to serve our legitimate interests in the following business operations:

• Processing and completing your transactions including, as applicable, order confirmation and delivery of services;
• Operating our business, administering the Activities and managing your accounts;
• Contacting you in response to your requests or enquiries;
• Providing you with newsletters, articles, alerts, announcements, event invitations, and other information that we believe may be of interest to you;
• Providing you with marketing and other information that is tailored to your interests;
• Conducting research, surveys, and similar enquiries to help us understand trends and client needs;
• Analysing your interactions with us, and improving our products, services, programs, and other offerings;
• Preventing, investigating, or providing notice of fraud, unlawful or criminal activity; unauthorized access to or use of personal information, our website or data systems; or to meet legal obligations; and
• Enforcing our Terms of Use and other agreements.

Disclosure and Sharing Data

We share data with the following categories of recipients.

Service Providers

Bakone may disclose your data to third-party service providers to provide us with services such as background checks, website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services.

Affiliates

Bakone may disclose data to affiliates for the purposes described in this Privacy Notice, including for their marketing purposes, and to provide client services.

To Perform Client Services

We will also disclose data to the following categories of third parties: (i) anyone involved in the transaction or other matter we are working on, (ii) law enforcement, tax and regulatory agencies and bodies, (iii) insurers, and (vi) service providers such as IT and telephony services, catering, document production and postal and delivery services.

We may disclose data to third parties in order to perform services you request or functions you initiate, such as when you post information and materials on message boards and forums.

Corporate Transactions or Events

We may disclose your information to a third party in connection with a reorganization, merger, acquisition, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or capital, including in connection with any business rescue, liquidation or similar proceedings.

Other Reasons

In addition, we may use or disclose your data as we deem necessary or appropriate: under applicable law, including laws outside your country of residence; to respond to requests from public and government authorities including public and government authorities outside your country of residence; to comply with subpoenas and other legal processes; to pursue available remedies or limit damages we may sustain; to protect our operations or those of any of our affiliates; to protect the rights, privacy, safety or property of Bakone, our affiliates, you and others; and to enforce our terms and conditions.

Information Duration

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for data, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorized use or disclosure of your data, the purposes for which we process your data and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances we may anonymize your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you.

E-mail Marketing

We may periodically send you relevant alerts and newsletters by e-mail. To help improve our marketing activities, we often receive a confirmation when you open an e-mail or click on a link included in one of these emails, if your computer supports such capabilities. Instructions on how to unsubscribe from these alerts and newsletters are included in each e-mail.

Links to Other Sites

Bakone may occasionally provide links to other websites for your convenience and information. These sites operate independently from our site and are not under our control. These sites may have their own privacy notices or terms of use, which you should review if you visit any sites linked to our sites. We are not responsible for the content or use of these unrelated sites.

Updates to this Privacy Notice

Although most changes are likely to be minor, Bakone may change its Privacy Notice from time to time at Bakone’s sole discretion. Bakone encourages visitors to frequently check this page for any changes to its Privacy Notice.

How to Contact Us

If you have any queries, questions or concerns about this Privacy Notice or our data handling practices, please contact us at compliance@bakoneinternational.com.