SPOT MONEY SA (PTY) LTD CUSTOMER CONSENT OPT_IN RE: LOAN PROVIDER AND INSURANCE PROVIDER SERVICES (“AGREEMENT”)

  1. DEFINITIONS
    1. “Loan Provider” means a retail bank or financial services and credit provider, that SMSA has partnered with in order to provide Personal Loans products to the You.
    2. “GDPR” means General Data Protection Regulation 2016/679 of the European Economic Area;
    3. “Insurance Provider” means a registered provider of short and long term insurance products that has partnered with SMSA in order to provide insurance offerings and insurance products to You;
    4. “Personal Loan(s)” means the personal loan financial services products offered by the Loan Provider which may include inter alia home loans, vehicle finance loans and all products of a personal nature;
    5. “Processing” has the meaning ascribed to it in the Protection of Personal Information Act;
    6. “Protection of Personal Information Act” means the Protection of Personal Information Act 4 of 2013 as amended and including all regulations thereto;
    7. “Personal Information” means identifiable information as defined in the Protection of Personal Information Act 4 of 2013;
    8. “SMSA” means Spot Money SA (Pty) Ltd with registration number 2005/016196/07, a company duly incorporated and registered as such within the laws of the RSA, with registered address at Unit 207 Level 2 Block 2, Northgate Park, Brooklyn, Cape Town, Western Cape, 7405 South Africa;
    9. “We” or “Us” or “Our” shall mean SMSA and/or Loan Provider and/or Insurance Provider;
    10. “You” means the person who clicks “I Consent”. Alternatively, if the person who clicks “I Consent” does so on behalf of any legal entity, then “You” means the legal entity on whose behalf “I Consent” is clicked, and the person who clicks “I Consent” warrants, by doing so, that he has taken or caused to be taken all steps, actions and corporate or executive proceedings necessary to cause this agreement to be binding on that legal entity;
  2. PRIVACY AND USE OF PERSONAL INFORMATION AND DATA
    This section sets out how We may Process and use and protect Personal Information provided by You when You consent to SMSA providing your Personal Information to the Loan Provider and/or Insurance Provider so that they may contact You in respect of the Loan Provider’s Personal Loans or in respect of the Insurance Provider’s offerings.
    1. TYPES OF INFORMATION
      1. We are committed to ensuring that Your privacy is protected. All information that you provide to us and consent for us to use will be used within the terms of this Agreement. By accepting these term and conditions, you expressly consent to the information contained in this clause being utilised by us and the Loan Provider and/or the Insurance Provider, as detailed herein.
      2. We may collect, Process, store and share, in line with the requirements set out in the Protection of Personal Information Act and GDPR, with the Loan Provider and/or the Insurance Provider, the following Personal information from You, which may include Your:
        1. Name, surname and Identity Number;
        2. Contact information, including cellular number and email address;
        3. Geographic information;
        4. Term of the loan, reason for the loan and amount requested;
        5. Your Occupation, employees name, employment status, employment start and end date (if a contract)
        6. Net salary and salary payment frequency;
        7. Historically disadvantaged;
        8. Consent to conduct a bureau look up; and
        9. Your Personal Information;
      3. The Loan Provider and/or Insurance Provider may provide us with the following information, which we may Process and store in line with the requirements of the Protection of Personal Information Act and GDPR which may include your:
        1. Name, surname and Identity Number;
        2. Transaction history and any other related information;
        3. Personal Loan principle amount;
        4. Personal Loan term;
        5. Personal Loan repayment information for the duration of the agreement;
        6. Personal Loan rejection reason.
        7. Personal Information;
    2. USE OF INFORMATION
      You explicitly consent, by opting in to these terms and conditions, that we may use the above Personal Information gathered:
      1. to better understand Your needs;
      2. to provide You with information about our services;
      3. for internal record keeping;
      4. for transaction verification and authentication;
      5. for fraud detection and risk management;<
      6. to improve our internal operations and efficiencies;<
      7. to improve our products and services;
      8. to send You promotional communications about new products, special offers or other information which we think You may find interesting
      9. or the marketing of goods and services to You;
      10. for the marketing of goods and services to You, when we believe that these offers may be of interest to You;
      11. for the provision of analytical ratings about Your transactional patterns and behaviours to third-party companies;
      12. as customer care data and information, including call centre reports and sales assistance information.
      13. to enable the Loan Provider and/or Insurance Provider to contact You to provide You with further information about their services;
    3. You may at any stage opt out by selecting the opt out prompts in communications sent to you by SMSA.
    4. You warrant that all Personal Information provided by You is Your true and complete Personal Information in all material respects.
    5. We shall Process Your Personal Information in accordance with the conditions for lawful Processing as set out in Protection of Personal Information Act and GDPR.
    6. You have the right to access Your Personal Information and, should the information be inaccurate, You may request Us to correct Your Personal Information provided that we may request that certain documentation prior to updating your Personal Information.
  3. SHARING OF PERSONAL INFORMATION
    1. By agreeing to these terms, You agree that You hereby provide Your explicit consent to (i) SMSA to share Your Personal Information with the Loan Provider and/or the Insurance Provider; and (ii) the Loan Provider and/or Insurance Provider to share Your Personal Information with SMSA, as detailed in clauses 2.1.2 and 2.1.3 above;
    2. We may elect to share Your Personal Information with:
      1. Service providers under contract who help with parts of our business operations;
      2. Parties where we are required to do so by law;
      3. Other third parties, provided we have received Your explicit consent.
    3. You expressly consent that we may Process and further Process Your Personal Information to any of Our group companies, which may be located outside of South Africa (in which case, We will ensure that the location to which Your Personal Information is transferred will be a location with at least as onerous restrictions on the Processing of Personal Information as are applicable in South Africa ) and that We may disclose Your Personal Information to any person who provides services to Us or acts as Our agent to whom We have transferred or propose to transfer any of Our rights and/or duties, pursuant to Our performance of this agreement; and We will ensure that such persons agree to Our privacy policies in Processing Your Personal Information.
  4. THIRD PARTY WEBSITES
    These terms and conditions do not address, and we are not responsible for, the privacy, information or other practices of any third parties including Loan Providers and Insurance Providers and any third party operating any website to which this website contains a link. The inclusion of a link on the website does not imply endorsement of the linked website by us or by our group companies.
  5. OPT-OUT
    If at any time You do not wish to receive any promotional material or information, You may opt-out by unsubscribing to our email communications or opting-out of receiving our sms or telephonic communications in the respective communication or by notifying us in writing in an email addressed to help@13.245.8.118. We will confirm in writing once we have received your opt out notification.
  6. MARKET RESEARCH
    From time to time, we may also use Your Personal Information to contact You for market research purposes. We may contact You by email or phone and will attempt to do so at times that are suitable to You.
  7. SECURITY
    We are committed to ensuring that Your Personal Information is secure. In order to prevent unauthorised access or disclosure, We have put in place suitable physical, electronic and managerial procedures consistent with applicable privacy and data security laws to safeguard and secure the Personal Information we collect. Unfortunately, no data transmission over the internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any Personal Information you might have with us has been compromised), please immediately notify us.
    If we provide Personal Information to another service provider, including the Loan Provider or the Insurance Provider, the respective service provider will be selected carefully and required to use appropriate measures to protect the confidentiality and security of the Personal Information.
  8. NON-PERSONAL INFORMATION
    1. Notwithstanding anything contained in this Agreement regarding Your information, the following information is not regarded as Personal Information for purposes of this Agreement:
      1. Information which cannot be linked back to You;
      2. Non-personal statistical information i.e. information which has been aggregated and cannot be linked back to You;
      3. Information which You have provided voluntarily in a public environment
  9. YOUR CONSENT
    You acknowledge that You accept this section, and specifically allow for the collection, storage, Processing and disclosure of Personal Information as described herein and in accordance with the Protection of Personal Information Act.
  10. OTHER IMPORTANT INFORMATION
    SMSA does not provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this page. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  11. LIMITATION OF LIABILITY
    1. To the fullest extent permissible by law, under no circumstances whatsoever, including as a result of SMSA’s negligent (including grossly negligent) acts or omissions or those of its servants or agents or other persons for whom in law may be liable shall:-
      1. SMSA be liable for any direct loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by You, Your directors, servants or agents.;
      2. SMSA be liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by You, Your directors, servants or agents, including any loss of profits or revenue;
      3. SMSA be liable for loss of Your data regardless of how such loss is occasioned. Accordingly, You indemnify and hold SMSA harmless against any losses, damage and damages incurred by You arising directly or indirectly out of or in connection with the loss of any of Your data.
  12. CONTACT
    Any questions or concerns regarding these terms, please contact us at help@13.245.8.118.
  13. CHANGES TO THIS AGREEMENT
    We may change this Agreement from time to time by updating this page. You should regularly view this page to ensure that You are satisfied with any changes. The revised version of this Agreement will apply after 7 (seven) calendar days from the date on which we had updated the page.
  14. RETENTION
    Reasonable steps will be taken to ensure that the Personal Information we Process is reliable for its intended use, and as accurate and complete as is necessary to carry out the purposes described in these terms and conditions. Personal Information will be retained for the period necessary to fulfil the purposes outlined in these terms and conditions or unless a longer retention period is required or permitted by law. If you wish to withdraw your consent to retain this Personal Information, your access to our services shall also be terminated or suspended. We shall remove your Personal Information from our database within a reasonable period but no longer than 7 (seven) business days.
  15. CONSENT
    By clicking the checkbox and submitting the online enquiry form, You agree and acknowledge that You accept the terms and conditions of this agreement and, further, represent and warrant that You are of full legal age, or are emancipated or have Your guardian’s consent to enter into this agreement.
  16. PROVISIONS OF THE CONSUMER PROTECTION ACT, 2008 (“CPA”)
    All these terms and conditions must be treated as being qualified, to the extent necessary, to ensure that the CPA is complied with.
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