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Privacy Notice, POPIA Consent, Communication Authorisation and Administrative Mandate

1. Introduction

This Privacy Notice explains how personal information is collected, received, used, stored, accessed, communicated, transferred, retained and otherwise processed through or in connection with the Libertas Investor Portal ("the Portal").

The Portal has been established to assist with the administration of matters relating to Libertas and its investors.

The Portal is not limited solely to the current Business Rescue process.

Information lawfully held through or obtained in connection with the Portal may, where appropriate and permitted by law, continue to be used for:

The Portal may also be used to communicate with, notify, guide and assist investors in relation to any such process.

This Privacy Notice must therefore be interpreted broadly enough to allow the lawful and reasonable administration of the Libertas matter from its current stage through any subsequent process that may follow.

2. Responsible Party and Information Officer

Libertas GH is the Responsible Party in respect of personal information processed through the Portal for the purposes described in this Privacy Notice, to the extent that it determines the purpose and means of that processing.

The registered Information Officer and/or Deputy Information Officer responsible for matters arising under the Protection of Personal Information Act 4 of 2013 ("POPIA") may be contacted through: the address given to you when you were invited to this portal

The details of the applicable registered Information Officer must be maintained in accordance with the records held by the Information Regulator.

Where responsibility for the Libertas matter subsequently lawfully passes to another Responsible Party, Business Rescue Practitioner, liquidator, provisional liquidator, joint liquidator, successor office-holder or other legally authorised person, relevant personal information may also be processed by or on behalf of that person where permitted by law.

3. Authorised Administrators

For purposes of this Privacy Notice, "Authorised Administrators" means any person who has been lawfully authorised to administer, operate, manage, support, maintain or assist with the Portal or any process conducted through it.

This may include persons authorised to:

Authorised Administrators may access and process personal information only to the extent reasonably required for their authorised functions.

They do not obtain ownership of investor information and may not use it for their own unrelated purposes.

4. Where your information came from

Certain information contained in or used by the Portal was not originally collected directly from investors through the Portal.

The initial investor information and available contact details were provided for administration of the Libertas matter by:

This may include information such as:

Additional information may subsequently be obtained from:

Where your contact details or other personal information were supplied by the BRP or Director of Libertas, those details may be used for the purposes described in this Privacy Notice.

5. Why we process your information

Your personal information may be processed for purposes reasonably connected with Libertas, its investors and any process arising from the Libertas matter.

These purposes include, but are not limited to:

For the avoidance of doubt:

The Portal and the information held through it may be used to notify, communicate with, guide and assist investors with any process relating to Libertas, including but not limited to Business Rescue and Liquidation.

6. Information we may process

Depending on your relationship with Libertas and your use of the Portal, the personal information processed may include the following.

6.1 Identity information

This may include:

6.2 Contact information

This may include:

6.3 Investment and declaration information

This may include:

6.4 Supporting documents

This may include:

6.5 Voting information

The Portal may process information concerning:

Each unique investor is permitted one active vote per ballot, linked to the investor's unique ID Number, Company Registration Number or Trust Number through the applicable secure identifier mechanism.

The amount invested does not determine the weight of the investor's vote.

6.6 Security and audit information

This may include:

7. Lawful processing under POPIA

Personal information will be processed in accordance with POPIA and other applicable law.

Where consent is the appropriate lawful basis, by registering for, accessing, using or submitting information through the Portal you consent to the processing described in this Privacy Notice.

However, processing through the Portal does not necessarily depend exclusively upon consent.

Depending on the circumstances, information may also be processed where processing is permitted or necessary for another lawful reason recognised under POPIA, including where processing is necessary to:

Where processing depends solely upon consent, the consequences of any withdrawal of consent will be dealt with in accordance with POPIA.

Withdrawal of consent does not automatically require information to be deleted where another lawful basis exists for continued processing or retention.

8. Consent to communications, notifications and investor assistance

By registering for, accessing or using the Portal, and by providing or confirming your contact information, you acknowledge and, where consent is the applicable lawful basis, consent to receiving communications reasonably connected with:

The contact details lawfully supplied to or held through the Portal may therefore be used to:

This includes communications which are intended to make investors aware of steps they may be required or entitled to take.

9. Methods of communication

Communications may, where lawful and appropriate, be made through:

Communications may include, without limitation:

10. Standing authority for Authorised Administrators to communicate

Where the investor information has been supplied or handed over for administration of the Portal and the Authorised Administrators have been authorised to administer the system, the Authorised Administrators have standing operational authority to communicate with investors for purposes falling within this Privacy Notice and their authorised mandate.

Accordingly, Authorised Administrators do not need to obtain separate approval from the BRP or Director of Libertas before sending each individual administrative or process-related communication that falls within the purposes described in this Privacy Notice.

This standing authority includes communications reasonably necessary or useful to:

This authority is subject to:

This clause does not authorise an administrator to use investor information for unrelated personal, marketing or commercial purposes.

11. Administrative communications are not intended as unrelated direct marketing

Communications sent through or in connection with the Portal are intended primarily to administer the Libertas matter, notify investors and assist investors.

Such communications may include information concerning:

They are not intended to constitute unrelated commercial direct marketing.

Where a proposed communication constitutes direct marketing for purposes of POPIA rather than an administrative or process-related communication, the applicable direct-marketing requirements must be separately complied with.

12. Business Rescue and subsequent processes

This Privacy Notice is not limited to Business Rescue.

The current Business Rescue may:

Personal information lawfully collected or retained through the Portal may therefore continue to be processed for any subsequent lawful process that is reasonably connected with the Libertas matter.

13. Liquidation

If Libertas enters Liquidation, information obtained through or held in connection with the Portal may, where it still exists and may lawfully be retained or disclosed, be transferred or made available to:

Information may then be used for purposes including:

The fact that the legal process changes from Business Rescue to Liquidation does not, by itself, require information already lawfully collected to be destroyed and collected again.

14. Information that may be handed over to a liquidator or successor office-holder

Where relevant and lawfully required or permitted, information transferred to a liquidator or successor office-holder may include:

Only information reasonably relevant to the lawful purpose should be provided.

15. Continuing use to notify and assist investors

Information retained after the current Business Rescue may continue to be used, where lawful and reasonably necessary, to:

For the avoidance of doubt:

The information may be used for notifications and to assist investors with any process relating to Libertas, including but not limited to Business Rescue and Liquidation.

16. Authorised disclosure and recipients

Where reasonably necessary for the purposes described in this Privacy Notice, personal information may be disclosed to appropriate authorised recipients including:

The fact that a person or organisation receives personal information does not give that person unrestricted permission to use it for unrelated purposes.

17. Service providers and operators

The Portal may use third-party service providers or operators to assist with:

Where an operator processes personal information on behalf of a Responsible Party, appropriate confidentiality and security requirements must apply.

Operators and persons acting under the authority of a Responsible Party must process personal information only within their authorised role and must maintain confidentiality.

18. Administrator access and consent

By using the Portal and submitting or confirming information through it, you acknowledge and, where consent is the applicable lawful basis, consent to relevant personal information being accessed and processed by all Authorised Administrators to the extent reasonably necessary to perform their authorised duties.

This may include access required to:

Administrator access must remain subject to access controls and audit requirements appropriate to the information being accessed.

19. Administrator confidentiality

Authorised Administrators are expected to:

Nothing in this Privacy Notice gives an administrator unrestricted access for personal purposes.

20. Limited indemnity in favour of Authorised Administrators

By voluntarily using the Portal and submitting, confirming or providing information through it, you acknowledge that Authorised Administrators are performing administrative, operational and support functions in relation to information supplied by:

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Authorised Administrators against claims arising solely from good-faith acts or omissions undertaken:

This indemnity includes good-faith administrative conduct such as:

This indemnity does not apply to:

Nothing in this Privacy Notice is intended to remove, waive or limit any right or protection which cannot lawfully be waived under POPIA or other applicable law.

21. How information is protected

Reasonable technical and organisational safeguards are used or are intended to be used to protect personal information against:

Depending on the information and system component, protections may include:

POPIA requires reasonable technical and organisational safeguards appropriate to foreseeable risks.

22. Identification numbers and unique investor verification

Identification information may be used to:

Depending on the implementation, a keyed one-way fingerprint may be used to match identifiers without exposing them unnecessarily.

Where an encrypted form of the identifier is retained for legitimate administrative purposes, access should be restricted to authorised personnel and appropriately logged.

23. Voting information

The Portal may provide a standalone voting section through which eligible investors may select:

The investor's vote is separate from the capital amount declared by the investor.

Each unique investor receives one equal active vote per ballot, linked to the applicable unique investor identifier, such as:

The amount invested does not increase or decrease the weight of the vote.

Once a vote has been confirmed, the investor cannot vote again unless an authorised administrator formally unlocks the vote in accordance with the Portal's authorised process.

Where a previous vote is administratively unlocked or removed from the active tally, its historical and audit record may be retained for evidentiary purposes.

24. Accuracy of information

Investors are requested to ensure that the information they submit is complete and accurate.

The Portal may allow appropriate corrections before final submission.

Where submitted information later needs correction, the authorised process may preserve:

Internal Libertas information and information independently declared by an investor may be retained as separate records for reconciliation and evidentiary purposes.

25. Retention of information

The live Portal operated for a limited period and will be available to investors until 29 September 2026.

The entire solution, and all personal information and records collected through or associated with it, will be destroyed on 30 September 2026.

Information is not retained beyond that period.

26. Portal closure and archival

The live Portal will no longer be required and is being decommissioned on 30 September 2026.

Upon decommissioning, the entire solution and all of its contents are destroyed. No archival copy is retained.

27. Retention is not indefinite without purpose

Information will not be retained merely because it was once collected.

28. Rights of investors and data subjects

Subject to POPIA and other applicable law, you may have rights to:

A request to delete information does not necessarily mean the information must immediately be deleted where there is another lawful requirement or basis to retain it.

This may include retention required for:

Requests may be submitted to: the address given to you when you were invited to this portal

29. Consequences of not providing information

Certain information may be required in order to:

Where required information is not provided, it may not be possible to complete the relevant process or provide the requested assistance.

30. Cross-border processing and service providers

Where reasonably practicable and appropriate, infrastructure may be hosted in South Africa.

However, some service providers involved in functions such as:

may process limited information outside South Africa.

Any cross-border processing must be handled in accordance with the applicable requirements of POPIA.

Use of a service provider does not give that provider ownership of investor information.

31. Security incidents

Where there are reasonable grounds to believe that personal information has been accessed or acquired by an unauthorised person, the incident will be handled in accordance with applicable POPIA requirements.

This may include:

The Information Regulator confirms that operators must notify the Responsible Party of compromises affecting information processed on its behalf, with the Responsible Party retaining the relevant notification obligations.

32. Changes to this Privacy Notice

This Privacy Notice may be amended where:

Material changes should be appropriately communicated or displayed through the Portal.

Where legally required, additional consent may be obtained.

33. Complaints and enquiries

If you have a question about the processing of your personal information or believe your information has been processed unlawfully, contact the Libertas Investor Portal at the address given to you when you were invited to this portal

You may also contact or lodge a complaint with the Information Regulator (South Africa).

Information about the Regulator and its complaint facilities is available through the Information Regulator.

34. Investor acknowledgement and consent

By registering for, accessing, continuing to use, or submitting information through the Libertas Investor Portal, you acknowledge that:

  1. you have been given an opportunity to read this Privacy Notice;
  2. you understand the purposes for which personal information may be processed;
  3. you understand that certain initial investor and contact information was supplied by the BRP and Director of Libertas;
  4. you understand that additional information may be obtained from you or other lawful sources;
  5. you understand that the Portal is not limited solely to Business Rescue;
  6. you understand that your information may continue to be used, where lawful and reasonably necessary, for a subsequent Liquidation or other process relating to Libertas;
  7. you understand that information which still lawfully exists may be transferred or made available to a subsequently appointed liquidator or other authorised successor office-holder;
  8. you understand that your information and contact details may be used to notify, communicate with, guide and assist you in relation to any process concerning Libertas;
  9. you understand that such processes include, but are not limited to, Business Rescue and Liquidation;
  10. you understand that communications may include notifications, updates, instructions, reminders, requests for information, requests for documents, claims information, voting information, recovery information, distribution information and other administrative communications;
  11. you acknowledge that Authorised Administrators may process your information to the extent reasonably required to perform their authorised duties;
  12. you acknowledge that, once the information has been handed over for administration of the Portal and the Authorised Administrators have been authorised to administer the system, they may issue communications falling within that mandate without obtaining separate approval from the BRP or Director of Libertas for each individual communication;
  13. you acknowledge that Authorised Administrators may assist you with any process relating to Libertas, including but not limited to Business Rescue and Liquidation;
  14. you acknowledge that the Portal may retain relevant records after its live operating period where there is a lawful or reasonably necessary purpose;
  15. you acknowledge that closing or destroying the live Portal does not necessarily mean that lawfully retained records must also immediately be destroyed;
  16. you understand that where consent is the applicable lawful basis, you consent to the processing and communications described in this Privacy Notice;
  17. you understand that some processing may be permitted on another lawful basis under POPIA and may therefore not depend exclusively on consent; and
  18. to the maximum extent permitted by law, you accept the limited indemnity in favour of Authorised Administrators contained in this Privacy Notice.

35. Required acceptance

Upon registering on the Portal, the investor hereby acknowledges this Privacy Notice.

Version 4, approved by Libertas' Attorneys and the Business Rescue Practitioner.