Legal & Regulatory

Chadwicks qualifies as an EME enterprise in terms of the Broad-Based Black Economic Empowerment (B-BBEE) and as such we are determined a preferred supplier to all other businesses in South Africa.

Our BEE status is a Level 4 contributor which means that Chadwicks has a B-BBEE recognition of 100% in terms of procurement scoring. In other words, for every rand of your premium spend with Chadwicks , you will be able to claim a rand in terms of your companies own B-BBEE scorecard.

Please contact us should you require certification relating to our BEE status.

The procedure to follow when submitting a complaint, in terms of the Financial Advisory and Intermediary Services Act (FAIS), is as follows:

Day 1

The written complaint is lodged with Chadwicks

By Day 5

After receipt of complaint, our Compliance Officer will have confirmed receipt of the complaint in writing

By Day 21

If resolved, the status will be communicated to you in writing

By Day 42

If still unresolved, full reasons for the lack of progress will be communicated to you in writing and you will be informed of your right to seek legal redress via the office of the FAIS Ombudsman.

You then have 6 months to lodge a complaint at the FAIS Ombudsman's office.

The General Code of Conduct for the Financial Advisory and Intermediary Services Act (FAIS), broadly covers conflict of interest between Financial product Providers and Financial Service Providers. The code requires that FSP's disclose the existence of the actual or potential conflict of interests to clients.

Conflict of Interest means any situation in which a provider or representative has actual or potential interest that may, in rendering a financial service to a client influence the objective performance of his obligations to that client and/or prevent a provider or representative from rendering an unbiased and fair financial service to that client or from acting in the interest of that client.

CHADWICKS RISK & INSURANCE BROKERS (PTY) LTD has adopted and implemented a Conflict of Interest Management policy to ensure that CHADWICKS RISK & INSURANCE BROKERS (PTY) LTD in its obligations complies with the Act. The COI Management policy has been drafted to include the following

• Mechanisms for identification of conflict of interest
• Measures for the avoidance of conflict of interest
• Measures for the disclosure of conflict of interest
• Processes and procedures and internal controls
• Consequences of non-compliance
• Mechanisms for identification of conflict of interest

Management Meetings will take place once a month, conflict of interest matters will be an item on the compliance agenda.

Mechanisms for the avoidance of COI

CHADWICKS RISK & INSURANCE BROKERS (PTY) LTD provides full disclosure throughout financial planning process.

This is an integral part of the financial planning process. Any conflict of interest will be disclosed in the disclosure notice, service level agreement/terms of engagement, proposal and record of advice.

Conflict of Interest Processes

• Reviewed by management and external compliance practitioner.
• Procedures to facilitate compliance with policy

As part of CHADWICKS RISK & INSURANCE BROKERS (PTY) LTD minimum operating standards, CHADWICKS RISK & INSURANCE BROKERS (PTY) LTD applies the six step code of conduct process. In addition to this Key Individuals are required to sample files as a part of quality control.

Internal Controls

Key Individuals to sign off policy and implement with business process. Employees to be made fully aware of Conflict of Interest Policy through awareness training.

Consequences for non-compliance

CHADWICKS RISK & INSURANCE BROKERS (PTY) LTD will implement disciplinary process as detailed in Human resources Policy.

The type of and basis on which a representative will qualify for a financial interest that the provider will offer.

A provider or its associates or representatives may not receive any financial interest from a third party or offer any financial interest to a third party if the primary purpose of receiving or offering the financial interest is to incentivise or reward for monetary obligations assumed or maintained by a client, directly or indirectly, in favour of that provider, its associates or its representatives, or a third party, other than:

• subject to any other law, commission or fees directly payable in cash to the provider; and
• subject to any other law, an inconsequential financial interest.

Financial interest

The representative shall disclose to the client the existence of any personal interest in the relevant service, or of any circumstance which gives rise to an actual or potential conflict of interest in relation to such service, and shall take all reasonable steps to ensure fair treatment of the client;

The representative undertakes to avoid and where this is not possible, mitigate any conflict of interest between the representative and the client.

The representative undertakes to disclose to the client in writing at the earliest reasonable opportunity:

• any conflict of interest in respect of that client, including the measures taken in accordance with the conflict management policy of the provider to avoid or mitigate the conflict;
• any ownership or financial interest, other than an immaterial financial interest, that the employer or representative may be or become eligible for;
• the nature of any relationship or arrangement with a third party that gives rise to a conflict of interest, in sufficient detail so as to enable the client to understand the exacyt nature of the relationship or arrangement and conflict of interest; and

Chadwicks Risk & Insurance Brokers (Pty) Ltd undertakes to inform the client of the employer's conflict of interest management policy and how it may be accessed.

The employee undertakes to adopt, maintain and implement a conflict of interest management policy and to provide the representative with appropriate training and educational material in this regard.

List all associates and third parties and the nature or extent of ownership interest:

List of associates:

• Name
• Relationship

Ownership interests in third parties:

• Name
• Nature of interest
• Extent of interest

Third parties with ownership interest in provider:

• Name
• Nature of interest
• Extent of interest
• Conflict of Interest Training

The Key Individual will ensure that all employees and representatives have attended awareness training registers will be updated as part of the Risk Management Plan thus ensuring all reasonable measures have been taken to inform and train employees, representatives and associates on Conflict of Interest Management Policy.

Training/ educational material

Provided by Crux Consulting on as and when basis. Conflict of Interest education material is provided for on training file for staff's training needs.

Monitoring

Crux Consulting CO3485, will monitor the management of the CHADWICKS RISK & INSURANCE BROKERS (PTY) LTD policy and training registers on a annual basis.

Published in appropriate media

In terms of CHADWICKS RISK & INSURANCE BROKERS (PTY) LTD conflict of interest policy all communication to this effect will be updated on our marketing documentation including disclosure notices.

PAIA MANUAL
Prepared in terms of section 51 of the Promotion of
Access to Information Act 2 of 2000 (as amended)

1. List Of Acronyms and Abbreviations

   1. “CEO” Chief Executive Officer
   2. “DIO” Deputy Information Officer;
   3. “IO“ Information Officer;
   4. “Minister” Minister of Justice and Correctional
      Services;
   5. “PAIA” Promotion of Access to Information Act No. 2
      of 2000( as Amended;
   6. “POPIA” Protection of Personal Information Act No.4
      of 2013;
   7. “Regulator” Information Regulator; and
   8. “Republic” Republic of South Africa
   9. “Chadwicks” Chadwicks Risk and Insurance Brokers
      (Pty) Ltd

2. Purpose of PAIA Manual

   This PAIA Manual is useful for the public to:

   1. check the categories of records held by a body which are available
      without a person having to submit a formal PAIA request;
   2. have a sufficient understanding of how to make a request for access
      to a record of the body, by providing a description of the subjects
      on which the body holds records and the categories of records held
      on each subject;
   3. know the description of the records of the body which are available
      in accordance with any other legislation;
   4. access all the relevant contact details of the Information Officer
      and Deputy Information Officer who will assist the public with the
      records they intend to access;
   5. know the description of the guide on how to use PAIA, as updated by
      the Regulator and how to obtain access to it;
   6. know if the body will process personal information, the purpose of
      processing of personal information and the description of the
      categories of data subjects and of the information or categories of
      information relating thereto;
   7. know the description of the categories of data subjects and of the
      information or categories of information relating thereto;
   8. know the recipients or categories of recipients to whom the personal
      information may be supplied;
   9. know if the body has planned to transfer or process personal
      information outside the Republic of South Africa and the recipients
      or categories of recipients to whom the personal information may be
      supplied; and
   10. know whether the body has appropriate security measures to ensure
       the confidentiality, integrity and availability of the personal
       information which is to be processed.

3. Key Contact Details For Access To Information of Chadwicks

   1. Chief Executive Officer (CEO)

      Name:	Tim Chadwick
      Tel:	0861 747 500
      Email:	tim@chadicks.co.za

   2. Information Officer: (IO)

      Name:	Adrian Viviers
      Tel:	0861 242 123
      Email:	io.aib@aib.co.za</a >

   3. Access to information general contacts
      

      Email:

      info@chadicks.co.za</a >

   4. National or Head Office

      Postal Address:	P.O. Box 5855, TygerValley. 7536
      Physical Address:	BridgeWater Suites C404, Conference Lane, Century City 7441
      Telephone:	0861 747 500
      Email:	info@chadicks.co.za
      Website:	www.chadwicks.co.za

4. Guide On How To Use PAIA and How To Obtain Access To The Guide

   1. The Regulator has, in terms of section 10(1) of PAIA, as amended,
      updated and made available the revised Guide on how to use PAIA
      (“Guide”), in an easily comprehensible form and manner, as may
      reasonably be required by a person who wishes to exercise any right
      contemplated in PAIA and POPIA.
   2. The Guide is available in each of the official languages and in
      braille.
   3. The aforesaid Guide contains the description of-
      1. the objects of PAIA and POPIA;
      2. the postal and street address, phone and fax number and, if
         available, electronic mail address of-
         1. the Information Officer of every public body, and
         2. every Deputy Information Officer of every public and private
            body designated in terms of section 17(1) of PAIA1 and
            section 56 of POPIA;
      3. the manner and form of a request for-
         1. access to a record of a public body contemplated in section
            11; and
         2. access to a record of a private body contemplated in section
            50;
      4. the assistance available from the IO of a public body in terms
         of PAIA and POPIA
      5. the assistance available from the Regulator in terms of PAIA and
         POPIA;
      6. all remedies in law available regarding an act or failure to act
         in respect of a right or duty conferred or imposed by PAIA and
         POPIA, including the manner of lodging-
         1. an internal appeal;
         2. a complaint to the Regulator; and
         3. an application with a court against a decision by the
            information officer of a public body, a decision on internal
            appeal or a decision by the Regulator or a decision of the
            head of a private body;
      7. the provisions of sections 14 and 51 requiring a public body and
         private body, respectively, to compile a manual, and how to
         obtain access to a manual;
      8. the provisions of sections 15 and 52 providing for the voluntary
         disclosure of categories of records by a public body and private
         body, respectively;
      9. the notices issued in terms of sections 22 and 54 regarding fees
         to be paid in relation to requests for access; and
      10. the regulations made in terms of section 92.
   4. Members of the public can inspect or make copies of the Guide from
      the offices of the public and private bodies, including the office
      of the Regulator, during normal working hours.
   5. The Guide can also be obtained-
      1. upon request to the Information Officer;
      2. from the website of the Regulator (https://www.justice.gov.za/inforeg/</a >)

5. Categories Of Chadwicks Records Which Are Available Without A Person
   Having To Request Access

   Category of records	Types of the Record	Available on Website	Available upon request
   Conflict of Interest		X	X
   PAIA Manual		X	X
   Complaints Procedure		X	X
   Privacy Policy		X	X
   Disclosure Notice			X
   Terms of Trade		X	X
   Email Disclaimer		X	X

6. Description Of Chadwicks Records Which Are Available In Accordance
   With Any Other Legislation

   Category of Records	Applicable Legislation
   Memorandum of incorporation	Companies Act 71 of 2008
   PAIA Manual	Promotion of Access to Information Act 2 of 2000
   POPIA Governance Manual	Protection of Personal Information Act, 4 of 2013
   Income Tax	Income Tax Act, No 58 of 1962
   Unemployment Insurance	Unemployment Insurance Act, No 4 of 2002
   Basic Conditions of Employment	Basic Conditions of Employment Act, No 75 of 1997
   Skills development	Skills development Act, No 9 of 1999
   FAIS	Financial Advisory & Intermediary Services Act, No 37 of 2002

7. Description Of The Subjects On Which The Body Holds Records And
   Categories Of Records Held On Each Subject By AIB CAPE

   Subjects on which the body holds records	Categories of records
   Corporate Governance	Codes of conduct Directors' minutes and records Documents of Incorporation Executive Committee minutes and records Legal compliance Memorandum of Incorporation Other Statutory Records Policies and procedures Records relating to the appointment of directors / auditors / company secretary / public officer and other officers Risk management reports Share Register and other Statutory Registers Shareholder agreements Written Resolutions
   Strategic Documents, Plans, Proposals	Annual Reports Strategic Plan Annual Performance Plan
   Human Resources	BEE statistics, certificates and audit reports Advertised posts Disciplinary / Performance records HR policies and procedures Employment contracts Employment Equity reports Employment Policies and procedures Internal evaluations and disciplinary records Leave records Leave records Letters of employment Medical aid records Operating manuals PAYE records and returns Payroll records Personnel files and records Regional Services Levies Retirement benefit records SDL records and returns SETA records and correspondence Skills Development Levies Staff attendance records Traineeship contracts Training material Training records and manuals Training statistics UIF records and returns Union records and correspondence Workman's Compensation records Workmen's Compensation Disciplinary codes
   Finance	Accounting records Annual financial statements Asset Register Bank Statements Banking records Business contracts Credit bureau records General correspondence Internal control reports Invoices Invoices, credit notes, statements etc Management accounts Policies and procedures Property leases Proposal and tender documents Rental Agreements Statutory records Tax returns and SARS correspondence VAT
   Client Insurance Portfolios	Broker Notes Insured risks Claims and Claims history Policy Schedules Endorsement Schedules Client communication Insurer communication
   Operational Documentation	Asset registration records Compliance records Contracts and agreements General correspondence Health and safety records Insurance records and correspondence Operating manuals Quality control records Service level agreements Telephone and communication records Policies and procedures Internal Phone lists Client Information Internal and External Correspondence
   Marketing and Business Growth	Contracts and agreements Marketing brochures and advertising records Marketing strategies New business development

8. Processing Of Personal Information

   1. Purpose of Processing Personal Information

      We collect and process client's personal information mainly to provide our clients with access to the services and products of the providers with whom we have contractual agreements in place and to help us improve our services to our clients

      The type of information we collect may depend on the need for which it is collected and will be processed for that specific purpose only. Where possible, we will inform the client what information is required to be provided to us and what information is optional.

      1. Providing products or services and to carry out the transaction requested
      2. For underwriting purposes;
      3. Assessing and processing claims;
      4. Conducting credit reference searches or verification;
      5. Confirming and verifying identity;
      6. For credit assessment and credit management;
      7. For purposes of claims history;
      8. For the detection and prevention of fraud, crime, money laundering or other malpractice;
      9. Conducting market or customer satisfaction research;
      10. For audit and record keeping purposes;
      11. In connection with legal proceedings.
      12. Providing our services, to carry out the services requested and to maintain and constantly improve our relationship with our clients;
      13. Providing clients with communications in respect of Chadwicks and regulatory matters that may affect our clients;
      14. In connection with and to comply with legal and regulatory requirements or when it is otherwise allowed by law.

   2. Description of the categories of Data Subjects and of the information or
      categories of information relating thereto

      Categories of Data Subjects	Personal Information that may be processed
      Clients	name, address/s, contact details, registration numbers or identity numbers, employment status and bank details

      Service Providers	Business names, registration number, vat numbers, address, trade secrets and bank details, contact names and numbers.
      Employees	Identity numbers, contact details, Residential address, qualifications, gender and race, Spouse or family member details, credit rating.

   3. The recipients or categories of recipients to whom the personal information may be supplied

      Category of personal information	Recipients or Categories of Recipients to whom the personal information may be supplied
      Identity number and names, for criminal checks	South African Police Services (SAPS)
      Qualifications, for qualification verifications	South African Qualifications Authority
      Credit and payment history, for credit information	Credit Bureaus
      Income Tax and Revenue	South African Revenue Services (SARS)
      Personal details, Risk addresses, Insurance history current and legacy, Claims history, Credit rating,	Insurance Industry Service Providers

   4. Planned transborder flows of personal information

      Chadwicks will as far as possible prevent transborder flows of personal information. Where it is not possible to host the personal information locally within the South African territory, Page 13 of 14 protection measures similar or better than what is required will be put in place to protect that personal information. For example, some personal information may be stored in the cloud outside the Republic.

   5. General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information

      Structured data are stored in repositories which require unique credentials to access or to process and further managed by Access Control security levels. Unstructured data access require and is managed by Group level security measures. Access to the relevant information depends on the security level allocated to personnel as part of the onboarding process and annually reviewed or when personnel changes internally to a different role or department. For example: only HR has access to personnel records and information.

      • All operational staff assisting with Insurance Policy management has access to client portfolios embedded in the Policy Management System only accessible via their specific credentials provisioned (appropriate access management).
      • Chadwicks also implemented MFA and Device Encryption to limit and counter theft & loss of data.
      • The Company also implemented the use of a well-known endpoint protection platform catering for antivirus, anti-malware and protection measures.
      • Access Control & Security measures are revised annually and constantly scrutinized.
      • The Company strives to implement and maintain best practices governance relating to Information processing and security.
      • Ensure personnel are committed to continuous awareness training.
      • The Company further ensures a daily backup and test the quality and capability of restoring information on a regular basis according to the Company’s Business Continuity Plan.

9. Availability Of The Manual

   1. A copy of the Manual is available-
      1. on www.chadwicks.co.za,  if any;
      2. head office of the (Chadwicks) for public inspection during normal business hours;
      3. to any person upon request and upon the payment of a reasonable prescribed fee; and
      4. to the Information Regulator upon request.
   2. A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.

10. Updating Of The Manual

    Chadwicks will on a regular basis update this manual.

11. Form Request

    1. Download the request for access to record form
    2. Download the fees payable form

Chadwicks Risk & Insurance Brokers Pty (Ltd) is the owner of the copyright and all other intellectual property rights in all the material on this website. The material in the website may not be reproduced or transmitted by any person by any means (unless previously authorised in writing by Chadwicks) other than for non-commercial purposes.

Chadwicks shall not be liable for any claims, costs, damages or expenses that may arise from any act or omission on the part of any visitor to this website or of any third party acting in reliance on any information in the site or in any links to or from the site, which are provided for information only.

You are strongly advised to verify the accuracy of any such information before relying on it. There will be no objection to your telephoning the Chadwicks office (details as shown on the site) to obtain further details.

All trademarks, product names and company names or logos used in this web site are our property or that of their respective owners. No permission is given in respect of the use of any such trademarks, product names, company names, logos or titles and such use may constitute an infringement of the holder's rights. Chadwicks nor any of its agents or representatives shall be liable for any damage, loss or liability arising from the use or inability to use this web site or the services or content provided from and through this web site.

This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Chadwicks that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Chadwicks and users are encouraged to consult Chadwicks for professional advice before taking any course of action related to information, ideas or opinions expressed on this site. When this site collects private information from users, such information shall not be disclosed to any third party unless agreed upon between the user and Chadwicks. Chadwicks may, in its sole discretion, change this agreement or any part thereof at any time without notice.

1. INTRODUCTION

1.1. Chadwicks carries on business as an independent insurance intermediary and is licensed in terms of the FAIS Act to render advisory and intermediary services with regard to short term insurance.

1.2. These Terms of Trade set out the terms and conditions in respect of the contractual relationship between us [the Broker] and our Clients and, together with any Letter of Appointment, constitutes the contract between the Broker and the Client and supersedes all prior agreements between the parties.

 
View Our Terms of Trade

All electronic communications including email, attachments and the like [hereinafter referred to as Email(s)] you receive from Chadwicks Risk and Insurance Brokers (Pty) Ltd (hereinafter referred to as The Company), or its employees, agents, representatives, is subject to the following Email Disclaimer:

1. The Company’s Emails are confidential and contain privileged and private information, including information that is subject to copyright. Our Emails may also be subject to legal privilege. The recipient is licensed to open and read the message and/or attachments only. All other rights are reserved unless so indicated by the sender and The Company
2. If you are not the intended recipient please delete the electronic message or email and notify the   sender immediately. Unintended recipients are strictly prohibited from distributing, disseminating, copying, forwarding, storing or using the Email or its content for any purposes whatsoever. Unauthorised disclosure and/or use may result in criminal and civil liability.
3. The views expressed in the Email do not necessarily reflect the views and opinions of The Company.
4. The Company does not consent to its employees sending offensive, spam, defamatory or non solicited electronic communication or Emails, including any electronic communication or Email which contravenes the law or which may infringe other parties' proprietary information.
5. Although The Company has taken reasonable precautions to ensure no viruses are present in Emails, the Company will not accept responsibility for any loss or damage no matter how caused (directly or indirectly) arising from the use of Emails or attachments, including but not limited to special or consequential damages, including, without limitation, any loss of profits, business interruption, loss of programs or other data on information handling systems or viruses resulting from the sending of Emails.
6. This legal notice shall at all times take precedence over any other electronic and Email disclaimer(s) that may be attached to return emails and/or communications addressed to any person with an Email account from The Company
7. No electronic or Email correspondence sent to The Company shall be deemed to have been received until The Company has responded to the communication. An auto-reply shall not constitute such response for purposes of this clause. Return Email or electronic messages message blocked by The Company’s virus detection and/or filtering applications shall not be deemed to have been received by The Company and/or the intended recipient
8. Any agreements concluded with The Company using electronic correspondence shall only come into effect once The Company confirms a valid contract in a follow up or return communication and always subject to the requirements of the ECT Act and all other South African law in general.
9. The Company recommends that you scan all Emails received from The Company for viruses and the like.

The Protection of Personal Information Act 34 of 2013 (“POPIA”) was signed into law in 2013 and largely commenced on the 01 July 2021.

Chadwicks Risk and Insurance Brokers (Pty) Ltd, (“Chadwicks”), (“we”) or (“us”) only collects personal information for business purposes and treats all personal information of our clients, suppliers and other third parties as confidential.

We take our responsibility to protect your personal information very seriously and we commit to take all reasonable steps to ensure personal information always remains protected...
 
View Our Privacy Policy

This extract from the FSCA’s website, details what TCF is and what Financial Services Providers need to demonstrate in their practices:

“Treating Customers Fairly (TCF) is an outcomes based regulatory and supervisory approach designed to ensure that regulated financial institutions deliver specific, clearly set out fairness outcomes for financial customers. 

Regulated entities are expected to demonstrate that they deliver the following six TCF Outcomes to their customers throughout the product life cycle, from product design and promotion, through advice and servicing, to complaints and claims handling...”

One of Chadwicks shared values, is fairness, so aside from us being totally committed to complying with the TCF regulation and in particular, the six outcomes listed below, we have deliberately placed fairness as a key element in everything we do, from client satisfaction to employee satisfaction.

The Six Outcomes of TCF are:

Outcome 1: Customers are confident they are dealing with firms where the fair treatment of customers is central to the firm's culture.

Outcome 2: Products and services marketed and sold in the retail market are designed to meet the needs of identified customer groups and are targeted accordingly.

Outcome 3: Customers are given clear information and are kept appropriately informed before, during and after the time of contracting.

Outcome 4: Where customers receive advice, the advice is suitable and takes account of their circumstances.

Outcome 5: Customers are provided with products that perform as firms have led them to expect and the associated service is both of an acceptable standard and what they have been led to expect.

Outcome 6: Customers do not face unreasonable post-sale barriers to change product, switch provider, submit a claim or make a complaint.