Privacy Policy

MoneySpot Finance SA, (Pty) Ltd, Privacy Policy

Effective Date: 01/01/2021

Last Updated Date: 01/01/2021

MoneySpot Finance SA (Pty) Ltd, trading as Sunshine Loans, is a company which provides, or arranges, for consumers to obtain loans. We welcome you to our website at https://www.sunshineloans.co.za, as well as all related websites and mobile applications (the “Site”), and products and services provided by us and certain third parties (collectively, together with the Site, our “Service”). By accessing or using the Service or the Site, you acknowledge that you have read, understood, and agree to the terms of this privacy policy (“Privacy Policy”). If you cannot agree to the Privacy Policy, then please do not use the Service or the Site.

As you use our Service, you may provide us with information about you, including information that can be used to identify you. This Privacy Policy explains (1) your responsibilities when using the Site and the Service, and (2) how Sunshine Loans may collect, use, and disclose information you provide us and other information we receive related to your use of the Service.

If you have questions about this Privacy Policy, please contact us:

Phone: 0870 579 993‬

Email: [email protected]

PRIVACY POLICY

1. INTRODUCTION

The Privacy Policy applies to all current and former customers as well as to Users, to the extent applicable, (collectively referred to as the “Customers”) and any of the provisions and/or conditions of the Privacy Policy may at any time be modified, amended, replaced or substituted. Kindly also refer to the terms and conditions of the Loan Agreement (sent via email during the application), which provide further details of how Sunshine Loans collects, processes and uses the Customer’s personal information and should be read together with this Privacy Policy.

2.  THE CUSTOMER’S CONSENT

2.1. By submitting details and/or using Sunshine Loans’ service the Customer accepts the Privacy Policy and expressly provides voluntary, specific and informed consent to the use and disclosure of the Customer’s personal information in the manner described below. The Customer has the right to object to Sunshine Loans use of the Customer’s personal information. Depending on the information the Customer objects to, Sunshine Loans may not be able to proceed with the Customer’s loan application/s as certain information is required for the conclusion or performance of the credit application and/or loan agreement and Sunshine Loans is obliged by law to obtain same.

2.2. The Customer agrees and warrants that the Customer has read, considered and understood the terms contained in this Privacy Policy and that this Privacy Policy will constitute an on-going binding agreement between Sunshine Loans and the Customer.

3. SECURITY AND CONFIDENTIALITY

3.1. Sunshine Loans understands the value of the Customer’s personal information and therefore will take all reasonable steps to protect the Customer’s personal information from loss, misuse or unauthorised alteration. The Customer’s personal information is stored in databases that have built-in safeguards and firewalls to ensure the privacy and confidentiality of that information.

3.2. Sunshine Loans recognises the need for appropriate protection and management of the personal information the Customer shares with Sunshine Loans. Sunshine Loans protects that information using secure socket layer (SSL) encryption technology and by limiting employee access on a need-to-know basis. Sunshine Loans stores data in encrypted form on computers and control access via secure web pages. Sunshine Loans employs firewalls and other security technologies to protect our servers from external attack.

3.3. Sunshine Loans security systems meet or exceed industry standards and Sunshine Loans constantly monitors internet developments to ensure the systems evolve as required. Sunshine Loans also test the systems regularly to make sure the security mechanisms are up to date.

3.4. Finally, Sunshine Loans are subject to South African data protection laws, including the Constitution of the Republic of South Africa of 1996, the Protection of Personal Information Act No. 4 of 2013, the Electronic Communications and Transactions Act, 2002 (“ECT Act”), the Regulation of Interception of Communication Act No. 25 of 2002, the National Credit Act No. 35 of 2005 read with the National Credit Amendment Act No. 19 of 2014 (“NCA”) and the Consumer Protection Act No. 68 of 2008 (“CPA”) which Sunshine Loans comply with fully and give the greatest respect.

4. PERSONAL INFORMATION

Personal information is information that identifies or relates specifically to the Customer including the Customer’s financial information, for example, name, age and identity number, the Customer’s assets and liabilities, income and payment records. In short, any information that Sunshine Loans knows about the Customer will be regarded as the Customer’s personal information.

5. COLLECTING THE CUSTOMER’S DATA

Sunshine Loans collect information about the Customer in two ways – directly from the Customer’s online application and also from outside sources such as credit bureaus and customer service providers. Sunshine Loans may use data that identifies the Customer’s personal information for a number of things including: statistical analysis; to develop and improve Sunshine Loans’ products; to assess lending risks; to update the Customer’s records; to identify which of Sunshine Loans’ products, or our partners’ products might interest the Customer; to identify and prevent fraud, money laundering and other criminal activities; to carry out regulatory checks, keeping the Customer informed about the Customer’s loan, and for market research; and in the products and services which Sunshine Loans offers on behalf of third parties.

6. COLLECTION AND USE OF PERSONAL INFORMATION

6.1. In order to make the Customer’s use of this loan product and electronic service offered by Sunshine Loans as successful as possible, it is necessary for Sunshine Loans to find out exactly what the Customer needs and wants from Sunshine Loans and to ascertain whether in terms of the provisions of the NCA the Customer is eligible to get a loan. The following are some of the reasons why Sunshine Loans would collect the Customer’s personal information:

6.1.1. to identify the Customer;

6.1.2. in order for Sunshine Loans to process the Customer’s instructions or requests;

6.1.3. in order for Sunshine Loans to ensure that the Customer meets our lending criteria, Sunshine Loans may collect and analyse the Customer’s personal information and combine all the information that Sunshine Loans have about the Customer to compile a credit profile of the Customer in order for Sunshine Loans to grant the Customer a loan and to meet the Customer’s specific needs;

6.1.4. once Sunshine Loans has collected and analysed the Customer’s personal information, Sunshine Loans may send the Customer promotional material or details which Sunshine Loans thinks may be of interest to the Customer but will only do so with the Customer’s permission. If any of this promotional information relates to products, promotions, news or services of a third party, and if the Customer indicates that the Customer would like more details, Sunshine Loans may inform the third party to contact the Customer directly. Sunshine Loans will however, only inform a third party to contact the Customer directly if the Customer has indicated that this is agreeable to the Customer.

6.2. In addition, Sunshine Loans utilises the Customer’s personal information for the other purposes set out in this Privacy Policy.

7. ADDITIONAL DATA COLLECTION

7.1. In addition to the personal information the Customer submits, Sunshine Loans may collect information about the Customer’s computer including, where available, the Customer’s IP address, operating system and browser type, for purposes of administration and to report aggregate information to Sunshine Loans’ advertising partners which allow Sunshine Loans to have a better understanding of the Customer’s requirements and/or preferences by using cookies to track Customers as they travel from website to website recording what commercial advertisements the Customer view and select while browsing.

7.2. This is statistical data about browsing actions and patterns and does not identify any individual. Sunshine Loans may also obtain information about the Customer’s general internet usage by using a cookie file which is stored on the hard drive of the Customer’s computer. Cookies enable Sunshine Loans to improve Sunshine Loans’ service to the Customer, estimate Sunshine Loans’ audience size and usage patterns, store information about the Customer’s preferences and recognise the Customer when the Customer returns to the Website.

7.3. The Customer can set the Customer’s web browser to refuse cookies, but if the Customer does this the Customer may not be able to enjoy full use of the Website and the Customer may not be able to take advantage of certain promotions Sunshine Loans may run from time to time. Please note that third parties who advertise on Sunshine Loans’ Website may also use cookies, but Sunshine Loans do not have access to, or control over them and therefore does not take any responsibility in respect thereto whatsoever. All advertisers are bound by contract to maintain the confidentiality and security of the Customer’s personal information and are restricted in their use thereof as per this Privacy Policy.

7.4. Sunshine Loans wants to provide the Customer with the best possible service, so calls to Sunshine Loans will be recorded and/or monitored for quality checks and staff training. Recordings may also be used to help Sunshine Loans combat fraud.

7.5. In order to offer and provide a customised and personal service through our products and the Website, we may use cookies to store and help track information about the Customer. A cookie is a small text file sent to your device that Sunshine Loans uses to store limited information about the Customer’s use of the products on our Website or the Website. Sunshine Loans uses cookies to provide the Customer with certain functionality (such as to enable access to secure log-in areas and to save the Customer having to re-enter information into product or website forms) and to personalize Sunshine Loans’ products or Website content. Without cookies, this functionality would be unavailable. By using Sunshine Loans’ products and Websites the Customer agrees that Sunshine Loans can place these types of cookies on the Customer’s device.

8. PERSONAL IDENTIFICATION NUMBER

When the Customer uses the Website and the services provided by Sunshine Loans, the Customer may be given an access number, user name and password. The Customer is responsible for maintaining the secrecy and confidentiality of the Customer’s user name, access card, and password.

9. SHARING THE CUSTOMER’S DATA FOR SERVICE PROVISION

9.1. Sunshine Loans shares the data the Customer submits with third parties involved in the process of providing the services which the Customer requests, such as lenders, credit bureaus, customer service providers and collection agencies. Sunshine Loans has trusted relationships with these carefully selected third parties who perform services on Sunshine Loans’ behalf. All service providers are bound by contract to maintain the confidentiality and security of the Customer’s personal information and are restricted in their use thereof as per this Privacy Policy. The service provider is required to notify Sunshine Loans immediately where there are grounds to believe that the Customer’s personal information has been accessed or acquired by any unauthorised person.

9.2. By clicking the “I Accept” box, beneath the loan agreement and direct debit mandate the Customer hereby agrees that Sunshine Loans may disclose the Customer’s personal information:

9.2.1. in the event that Sunshine Loans sells or buys any business or assets (in which case Sunshine Loans may disclose the Customer’s personal information to the prospective seller or buyer of such a business or assets);

9.2.2. if Sunshine Loans’ business or substantially all of its assets are acquired by a third party (in which case personal information held about Customers will be one of the transferred assets); and

9.2.3. if Sunshine Loans has a duty to disclose the Customer’s personal information in order to comply with a legal request, or in order to enforce any of Sunshine Loans’ terms and conditions.

10. RIGHT TO REQUEST ACCESS TO THE CUSTOMER’S PERSONAL INFORMATION

As aforementioned, Sunshine Loans is committed to the protection of the Customer’s personal information and any information disclosed to third parties is only done so with Sunshine Loans’ knowledge and express authorisation. The Customer is entitled to request access to the Customer’s information at a prescribed fee and to request that inaccurate, irrelevant, excessive, out-dated, misleading or unlawfully obtained information be corrected, deleted or in the case of a dispute, indicate that a correction has been requested, but not made.

11. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT

11.1. Sunshine Loans also voluntarily subscribes to the principles, outlined in Section 51 of the ECT Act, which govern the Customer’s right to have the Customer’s personal information kept private. Sunshine Loans briefly outlines these principles below:

11.1.1. Sunshine Loans will only collect, collate, process and store (“Use”) the Customer’s personal information with the Customer’s permission as set out in this Privacy Policy, unless legally required to do so, and will only Use such information for the lawful purpose for which it is required as set out in this Privacy Policy.

11.1.2. Sunshine Loans hereby disclose in writing, the specific purpose for which Sunshine Loans Use the Customer’s personal information. Sunshine Loans will also keep a record of that personal information and the specific purpose for which Sunshine Loans have used it.

11.1.3. Sunshine Loans will not Use the Customer’s personal information for any purpose, other than that which Sunshine Loans disclosed to the Customer herein, unless the Customer gives Sunshine Loans the Customer’s express written permission to do so, or unless Sunshine Loans is permitted and/or required to do so by law.

11.2. Further to the requirements of the ECT Act; Sunshine Loans will disclose the Customer’s personal information without the Customer’s consent:

11.2.1. if Sunshine Loans is required to do so by law or a court order;

11.2.2. if disclosure is in the public interest;

11.2.3. if disclosure is in Sunshine Loans’ interest;

11.2.4. with the Customer’s implied consent.

11.3. In terms of the CPA and section 45 of the ECT Act, the Customer understands that the Customer has the option to opt out of any mailing list maintained by Sunshine Loans for commercial and marketing communications (see the next paragraph for more information on how to opt out).

12. CONTACT FROM Sunshine Loans AND THIRD PARTIES

12.1. As part of the application process, Sunshine Loans asks the Customer whether Sunshine Loans or any of Sunshine Loans’ partners may contact the Customer about Sunshine Loans’ products and services by telephone, post, email and SMS (or other reasonable methods).

12.2. The Customer may also register on the National “Opt Out” register of the Direct Marketing Association of South Africa by going to www.dmasa.org.

12.3. Sunshine Loans may transfer the Customer’s personal information to selected third parties (see “Selling and disclosing the Customer’s data to third parties” above). If at any time the Customer wishes to stop receiving such contact from a third party, the Customer will need to follow the instructions about unsubscribing provided at that time by the third party. Please note that Sunshine Loans only partners with trusted companies who will respect the Customer’s right to unsubscribe from any such marketing communications, but Sunshine Loans will not be responsible for managing that process or any disputes.

13. THIRD PARTY LINKS

13.1. The Website may contain links to third party websites. If the Customer follows a link to any of these websites, please note that these websites have their own terms and privacy policies and that Sunshine Loans does not accept any responsibility or liability for them. By registering at Sunshine Loans the Customer may receive follow-up contact and offers from third party companies as the Customer has agreed to do by accepting this Privacy Policy and, while Sunshine Loans only works with selected partners, Sunshine Loans is not responsible for the services or representations of third parties.

13.2. Because Sunshine Loans is not responsible for any representations and/or information and/or warranties and/or content on any website of any third party (including websites linked to the Website or websites facilitated by Sunshine Loans), Sunshine Loans do not exercise control over third parties’ privacy policies and the Customer should refer to the privacy policy of any such third party to see how such party protects the Customer’s privacy.

14. AGE

To register with Sunshine Loans the Customer must be 18 years of age or older. Minors are strictly forbidden from using the service and applying for credit from Sunshine Loans.

15. CHANGES TO THIS PRIVACY POLICY

Sunshine Loans reserves the right, in Sunshine Loans’ sole discretion to update, modify or amend (including without limitation, by the addition of new terms and conditions) this Privacy Policy from time to time with or without notice. The Customer therefore agrees to review the Privacy Policy whenever the Customer visits the Website for any such change. Save as expressly provided to the contrary in this Privacy Policy, the amended version of the Privacy Policy shall supersede and replace all previous versions thereof.

16. APPLICABLE LAWS

The Privacy Policy will be governed by and construed and interpreted in accordance with the laws of South Africa. To the extent that a court has jurisdiction over any dispute which may arise out of or in connection with this Privacy Policy, both Sunshine Loans and the Customer submits to the jurisdiction of the South African courts or dispute resolution and arbitration bodies.