Legal Notice, Privacy, and Terms of Use
This notice applies to all services, engagements, communications, and interactions with Fractional FM.
1. Introduction
Fractional FM (Pty) Ltd (“Fractional FM”, “we”, “us”, or “our”) provides accounting, taxation, payroll, advisory, and related professional services.
We are committed to protecting personal information, maintaining confidentiality, and operating in accordance with applicable laws, regulations, and professional standards across all jurisdictions in which we operate or provide services.
This notice sets out the terms governing the use of our services, website, and electronic communications, as well as how we process and protect information.
Fractional FM operates in accordance with applicable professional standards, ethical obligations, and regulatory requirements relevant to accounting, taxation, and advisory services in the jurisdictions in which it operates.
2. Definitions
For purposes of this notice:
“Personal Information” means any information relating to an identifiable natural or juristic person, as defined under applicable data protection laws.
“Services” means all accounting, taxation, payroll, advisory, consulting, and related services provided by Fractional FM.
“Website” means all digital platforms, websites, portals, and online systems operated or used by Fractional FM.
“Third Parties” means any external service providers, platforms, systems, or entities that are not under the direct control of Fractional FM.
3. Scope of Application
This notice applies to:
- All clients and prospective clients
- Users of our website and digital platforms
- Recipients of electronic communications
- Any person whose personal information is processed by us
4. No Client Relationship
Use of this website, submission of information, or communication with Fractional FM does not create a client, advisory, fiduciary, or professional relationship.
A binding relationship is established only once a formal engagement agreement has been concluded in writing and accepted by both parties.
5. Collection and Processing of Information
We collect and process personal and business information only where necessary for lawful and legitimate purposes, including:
- Provision of professional services
- Client onboarding and compliance requirements
- Communication and relationship management
- Regulatory, statutory, and reporting obligations
- Internal administration and quality control
Information processed may include personal, financial, tax, employment, and business-related data.
Fractional FM processes personal information in accordance with applicable data protection laws, including the Protection of Personal Information Act, 2013 (POPIA) of South Africa.
For purposes of POPIA, Fractional FM acts as the Responsible Party as defined under POPIA in relation to personal information processed in the course of its operations.
We are committed to ensuring that personal information is processed lawfully, transparently, and securely, and that appropriate safeguards are implemented to protect such information.
The Information Officer may be contacted using the contact details provided in this notice.
6. Lawful Basis for Processing
Information is processed on one or more of the following bases:
- Performance of a contract or mandate
- Compliance with legal and regulatory obligations
- Legitimate business interests
- Consent, where applicable
7. Confidentiality and Professional Obligations
All information received in the course of providing services is treated as confidential and is used solely for authorised purposes.
Our employees and representatives are bound by confidentiality obligations and professional standards. However, confidentiality may be limited where disclosure is required by law, regulation, or competent authority.
8. Data Security and Information Protection
We implement appropriate technical and organisational measures to safeguard information against unauthorised access, loss, misuse, or disclosure.
While reasonable steps are taken to secure information, no system or transmission method can be guaranteed to be completely secure. Users acknowledge and accept the inherent risks associated with electronic data processing and communication.
We do not guarantee that information transmitted electronically or stored digitally will be completely secure.
9. Use of Systems and Technology
In delivering our services, we utilise secure systems and technologies designed to support operational efficiency, access control, auditability, and data protection.
Information may be processed, stored, or transmitted through such systems as part of normal business operations.
In the course of delivering services, Fractional FM may utilise third-party service providers, including cloud-based platforms, software systems, and infrastructure providers.
Such providers may process or store information on our behalf.
While reasonable steps are taken to ensure that such providers implement appropriate security and confidentiality measures, Fractional FM does not control all aspects of third-party systems and cannot guarantee their absolute security.
The use of such systems is at the user’s and client’s own risk to the extent permitted by law.
10. Cross-Border Processing
Information may be processed, stored, or accessed in multiple jurisdictions depending on operational requirements.
Where information is processed across borders, reasonable steps are taken to ensure that appropriate safeguards are in place to protect such information in accordance with applicable legal standards.
11. Cookies and Website Tracking
Our website may utilise cookies and similar technologies to enhance user experience, analyse usage, and support functionality.
Cookies are small data files stored on a user’s device.
By continuing to use our website, users acknowledge and accept the use of such technologies, subject to their browser settings and applicable legal rights.
Users may control or disable cookies through their browser settings, although this may affect website functionality.
12. Retention of Information
Information is retained only for as long as necessary to fulfil the purpose for which it was collected, or as required by applicable laws, professional obligations, and regulatory requirements.
13. Data Breach and Incident Management
In the event of a data breach or security incident affecting personal information, Fractional FM will take reasonable steps to investigate, contain, and mitigate the impact of such incident.
Where required by applicable law, affected parties and relevant authorities will be notified.
Fractional FM shall not be liable for any loss arising from such incidents where reasonable safeguards were in place.
14. Data Subject Rights
Where applicable, individuals may have rights relating to their personal information, including:
- Access to information held
- Correction or updating of information
- Objection to processing in certain circumstances
- Request for deletion, subject to legal and regulatory constraints
Requests may be submitted using the contact details below.
15. Website Use and Limitation of Liability
The content on this website is provided for general information purposes only and does not constitute professional advice.
While reasonable care is taken to ensure accuracy, we do not guarantee that information is complete, current, or free from error.
Users should not rely on any content without obtaining specific professional advice based on their individual circumstances.
Use of this website and reliance on its content is entirely at the user’s own risk.
Advice is provided based on the facts and circumstances presented at the time and may change if such information changes.
We do not accept responsibility for any actions taken or not taken based on the content of this website.
All content, services, and information are provided on an “as is” and “as available” basis, without any representation or warranty of any kind, whether express or implied, including but not limited to accuracy, completeness, reliability, or fitness for a particular purpose.
16. Professional Advice Disclaimer
Any advice, guidance, or opinion is based on the information available at the time and is subject to applicable laws and interpretations.
Such advice does not constitute binding professional advice unless confirmed in a formal written engagement or deliverable.
Clients remain responsible for decisions taken and for obtaining advice appropriate to their specific circumstances.
No reliance may be placed on any information or communication without obtaining specific advice based on the relevant facts and circumstances.
No guarantee is given regarding outcomes, including but not limited to tax positions, regulatory decisions, or third-party determinations.
Advice is provided based on the facts and circumstances presented at the time and may change if such information changes.
No representation or warranty is given that any outcome or result can be achieved based on such advice.
17. Service Availability and External Factors
We shall not be liable for any failure or delay in performance arising from events beyond our reasonable control, including system failures, interruptions in communication networks, third-party service disruptions, or other external factors, including delays or actions by regulatory authorities or third parties.
18. Electronic Communication
Electronic communications, including email, may be subject to:
- Interception
- Unauthorised access
- Delay or non-delivery
- Data corruption
By communicating with us electronically, you accept these risks.
We do not accept liability for any loss or damage arising from the use of electronic communications.
We do not guarantee the security, integrity, or confidentiality of electronic communications.
19. Viruses and Security
Although reasonable precautions are taken, we do not warrant that electronic communications or attachments are free from viruses or harmful components. Recipients are responsible for scanning and verifying all communications.
20. Limitation of Liability
To the fullest extent permitted by law, Fractional FM shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or in connection with the use of this website, services, or communications.
Where liability is established, it shall be limited to the extent permitted by applicable law and, where relevant, subject to the terms agreed in a formal engagement.
Nothing in this notice excludes or limits liability where such exclusion or limitation is not permitted by law.
In no event shall Fractional FM be liable for any loss arising from decisions taken by clients or third parties based on incomplete, inaccurate, or assumed information.
21. Third-Party Information
We may rely on information provided by clients or third parties and do not independently verify all such information.
We accept no responsibility for inaccuracies, omissions, or delays in information provided.
Clients remain responsible for ensuring that all information supplied is accurate, complete, and provided timeously.
We accept no responsibility for outcomes arising from delays in the submission of information or instructions by clients or third parties.
22. Intellectual Property
All content on this website, including text, materials, tools, and intellectual property, remains the property of Fractional FM unless otherwise stated.
No content may be reproduced, distributed, or used without prior written consent.
23. Relationship with Engagement Terms
In the event of any inconsistency between this notice and a formal engagement agreement, the terms of the engagement agreement shall prevail.
24. Changes to This Notice
We reserve the right to update or amend this notice from time to time. The latest version will be published on our website.
25. Governing Principles
This notice is governed primarily by the laws of the Republic of South Africa.
Where not otherwise agreed in writing, any disputes arising in connection with the use of this website or services shall be subject to the jurisdiction of South African courts.
This notice is further intended to align with applicable international legal, regulatory, and professional standards, without limiting its applicability to any specific jurisdiction.
26. Contact Information
Fractional FM (Pty) Ltd
Email: jacquesdp@fractionalfm.co.za
Website: www.fractionalfm.co.za
For any legal, privacy, or data-related queries, please contact us using the details above.
These contact details serve as the primary point of contact for all legal, data protection, and regulatory queries.
If any provision of this notice is found to be invalid or unenforceable, the remaining provisions shall continue to apply.
Last Updated: 26 March 2026
