In terms of the Financial Advisory and Intermediary Services Act (FAIS) (ACT NO 37 OF 2002), M a J Capital is disclosing the following information:
Full Name: Markov M Holdings (Pty) Ltd
Markov M Holdings (Pty) Ltd is registered and trading as M a J Capital. We specialize in assisting Companies with applying for financing through our service providers for the following products:
(We do not assist with advice only with assisting with application for Business Capital Advance)
Business Capital Advance Products:
Business Capital Advance – Retail Advance
Business Capital Advance – Manufacturing Industry Advance
Business Capital Advance – Short to Medium Term, R20 000 – R1 500 000
Business Capital Advance – Long Term, R100 000 – R20 000 000
Business Capital Financing:
- Purchasing Inventory
- Purchasing Equipment
- Hiring Equipment
- Launching Marketing Campaigns
- Remolding / Renovation
- Opening New Locations
- Managing Cash Flow
- Handling Unexpected Expenses
- Bridging Receivable Gabs
M a J Capital earns their income from the fees we charge our clients. As an Origination Agent, M a J Capital
charge an initiation fee of up to 0,125% (not exceeding R750) once off the Business Capital Advance that is paid upon the issuance of the Business Capital Advance on behalf of the lender of record.
M a J Capital Key Individual is not associated with any life assurer or product provider and does not own more
than 10 % of issued shares directly or indirectly of any Life Assurer or Financial Product provider.
Waiver of Rights
As a Business Capital Advance originator, M a J Capital may not request or induce in any manner a client to
waive any right or benefit conferred on the client by or in terms of any provision of the General Code of
Conduct, or recognize, accept or act on any such waiver by a client.
National Credit Act
We take your rights seriously
The National Credit Act (NCA)
As a registered credit provider, we fully support the National Credit Act (NCA), which came into effect on 1 June 2007, and have implemented the necessary policies and procedures to meet the requirements of the NCA. The NCA replaces the Usury Act and the Credit Agreements Act. The information that follows will assist you in understanding how this legislation affects you.
Does the NCA apply to you?
The NCA applies to all credit agreements between parties dealing at arm’s length (where there is no personal interest between the parties). The NCA distinguishes between natural and juristic persons.
|Natural persons||Juristic persons|
|Personal customers Sole proprietors Trusts with two or less natural person trustees||Partnerships Close corporations Companies Trusts with three or more trustees|
The NCA applies to all-natural persons.
Only certain provisions of the NCA apply to juristic persons. Provisions relating to marketing, over indebtedness and reckless credit do not apply to juristic persons.
The NCA in its entirety does not apply to juristic persons with an asset value or annual turnover of more that R1 million nor does it apply to juristic persons with an asset value or annual turnover of less than R1 million who enter into a mortgage agreement or an agreement with a loan value of more than R250 000.
How does the NCA affect you?
The NCA affects all credit agreements entered after 1 June 2007. Credit agreements entered before 1 June 2007 remain unchanged and are governed by their original terms and conditions. There are however certain provisions of the NCA which apply to existing agreements.
Listed below are some of the provisions of the NCA which we feel may be important for you to note as they apply to natural persons.
|Credit agreements entered after 1 June 2007||Credit agreements entered before and after 1 June 2007|
|What rights do you have?||What rights do you have?|
|The right to apply for credit The right to be protected against discrimination in respect of the granting of credit The right, to be given reasons for credit being refused The right to information in an official language The right to information in plain and understandable language The right to receive documents The right to protection of customer credit rights The right to confidential treatment||The right to access and challenge credit records and information The right to pay any amount owed to us in advance|
|When entering into a new credit agreement with you, we will need to obtain your consent to market other products to you We will give you notice before submitting negative information about you to credit bureau If you are married in community of property, you must obtain the written consent of your spouse before you apply for a loan||Interest rates, fees, and charges will not change, except in accordance with your original credit agreement. If these change, we will notify you Should you fail to meet your obligations in terms of your agreement, you will be considered to be in default Once we have notified you of your default you have the following options available to you: You may decide with us to bring your payments up to date. You may consult an independent debt counselor You will become liable for default administration costs and if legal action is taken against you, collection costs will be charged to you as well.|
How does the NCA protect you against over-indebtedness?
The NCA requires that credit providers perform a full credit assessment before entering into a credit agreement with the customer, this includes taking reasonable steps to ensure that:
- The customer understands the rights and obligations and the risks and costs associated with the credit agreement
- The customer can repay the loan
In order to ensure that we protect you against over-indebtedness we, in addition to our normal credit assessment, now perform an assessment of repayment ability for each loan application.
In order to ensure that you understand your rights and obligations and the risks and costs associated with the credit agreement you will receive a comprehensive pre-agreement statement and quotation that clearly identifies all the costs involved, the risks associated with the loan, and your rights and obligations. The quote is valid for a minimum of five business days during which you will be given an opportunity to consider the credit being offered. If you have any questions relating to this document, we will assist you.
What should you do if you feel that you may be over-indebted?
You may be over-indebted if, after deducting your living expenses from your net salary, you have less cash left than the installments of your total debt. You are or will soon be unable to repay your debts. If you believe you are over-indebted, you should start with:
- Get a credit report from any of the Credit Bureaus listed below. You can get 1 free credit report from any of these bureaus per year.
- On the credit report, you will see your payment history. Look at this and check your budget to see where you can cut back on unnecessary spending and use it towards your debt repayments.
- If no accounts in arrears, keep it up and try to add more to your repayments to pay off debt faster.
- If accounts in arrears, contact the credit provider to inform them of your situation and try to negotiate better repayment terms.
- Check your inquiries. See who has been looking at your credit report. Some of the institutions that may be checking up on you from time to time include financial institutions, insurance companies, credit providers and potential employers. If you find something suspicious here, contact the bureau you got the report from immediately. Remember, having too many inquiries on your credit report negatively affects your overall credit score.
- Consider consulting a debt counsellor.
|TransUnion Credit Bureau (Pty) Ltd|
|Address:||Wanderers Office Park, 52 Corlett Drive, Illovo|
|Phone:||0861 482 482|
|Fax Number:||011 252 7520|
|Call Centre:||0861 886 466|
|Experian South Africa (Pty) Ltd|
|Address:||Experian House, Block B, Ballyoakes Office Park, 35 Ballyclare Drive, Bryanston, Sandton|
|Phone:||011 799 3400|
|Fax Number:||011 707 6700|
|Call Centre:||0861 105 665|
|Compuscan Information Technologies (Pty) Ltd|
|Address:||Compuscan House, 3 Neutron Ave, Techno Park, Stellenbosch|
|Phone:||021 888 6000|
|Fax Number:||021 413 2424|
|Call Centre:||0861 514 131|
|XDS(Xpert Decision System)|
|Address:||11-13 Oakhurst Building, 3rd floor West Wing, Saint Andrews Street, Park town|
|Phone:||011 645 9100|
|Fax Number:||011 484 6588|
|Call Centre:||0860 937 000|
How do you resolve a complaint?
Your first point of contact in resolving a complaint should always be our Customer Service Centre. If the complaint has not been resolved to your satisfaction, then you may contact the National Credit Regulator.
|Customer Service Centre:||087 520 8200|
|National Credit Regulator:||0860 662 837|
Customer Due Diligence
The knowledge that an accountable institution has about its client and the institution’s understanding of the business that the client is conducting with it
|Customer Type||Information Required||Verification Documentation|
|Registered name: Name under which the business is conducted (Trade name) Registration number; and Registered address.||Most recent version of the Founding Statement and Certificate of Incorporation (form CK1), specifying the controlling members; OR Amended Registration Certificate / Amended Founding Statement (form CK2/CK2A)/COR18.1|
|The physical address from which the Close Corporation operates. If multiple addresses, the street address of the office seeking the business relationship and the Head Office address must be obtained and verified; and NB. If the business address and the physical address is one and the same, then one document confirming and indicating as such is acceptable.||Any one of the following valid documents (not older than 3 months, unless specified differently below) reflecting the name and physical address of the business: Utility bill (municipal rates and taxes account or Property Managing Agent statement); Bank statement on an official Bank document/form. Signed lease or rental agreement – not older than 12 months. Telephone account. Valid television license. Valid SARS document (Not E Filing documentation); Subscription TV (e.g. Multichoice) statement. Home loan statement from a financial institution. Long/short term insurance policy documents from a Financial Services Provider. Motor vehicle license/registration documents. Municipal councilor letter; Body Corporate/governing body letter statement Tribal authority letter Affidavit (Business Address Verification)- Form 3877EX|
|Directors||Full names, date of birth and identity number, residential address and contact particulars of: Each member; and The mandated officials who are authorized to establish a business relationship or enter a transaction as per resolution||See requirements in the tables for Personal – in respect of members and mandated officials. A resolution/mandate authorizing the persons as mandated officials is required. NB. It is not necessary to verify the residential address and contact particulars of these persons – however it is necessary to obtain and record the information. If a shareholder is not a natural person, the Identification and verification requirements for the entity or the business arrangement into which they fall needs to be applied.|
|PTY (Ltd)||Registered name. Registration number; and Name under which the business is conducted||Most recent version of the Registration Certificate (form COR14.3/COR39/COR44/ or other)|
|The physical address from which the company operates. If multiple addresses, the street address of the office seeking the business relationship; and Head Office address must be obtained and verified; and NB. In the event that the head office address and operational address is one and the same, then one document confirming and indicating as such is acceptable.||Any one of the following valid documents (not older than 3 months, unless specified differently below) reflecting the name and physical address of the business: Utility bill (municipal rates and taxes account or Property Managing Agent statement); Bank statement on an official Bank document/form. Signed lease or rental agreement – not older than 12 months. Telephone account. Valid television license. Valid SARS document (Not E Filing documentation); Subscription TV (e.g. Multichoice) statement. Home loan statement from a financial institution. Long/short term insurance policy documents from a Financial Services Provider. Motor vehicle license/registration documents. Municipal councilor letter; Body Corporate/governing body letter statement Tribal authority letter Affidavit (Business Address Verification) – Form 3877EX|
|Directors||Full names, date of birth and identity number, residential address and contact particulars of: The manager/CEO of the company. The mandated officials authorized to establish a business relationship or enter into a transaction as per resolution; and The natural person, legal person, partnership or trust holding 10% or more, of the voting rights at a general meeting of the company.||See requirements in the tables for Personal – in respect of members and mandated officials. A resolution/mandate authorizing the persons as mandated officials is required. NB. It is not necessary to verify the residential address and contact particulars of these persons – however it is necessary to obtain and record the information. If a shareholder is not a natural person, the Identification and verification requirements for the entity or the business arrangement into which they fall needs to be applied.|
|Personal||First name and Surname. ID Number||Primary identification Green bar-coded identity document or identity card *Secondary identification Valid passport Valid driver’s license Valid temporary identity document *NB. Secondary identification is only acceptable in exceptional circumstances.|
|Address||Any one of the following valid documents reflecting the name and physical address: Utility bill (municipal rates and taxes account or Property Managing Agent statement); Bank statement on an official Bank document/form. Signed lease or rental agreement – not older than 12 months. Telephone account – not older than 3 months. Valid television license. Valid SARS document (Not E Filing documentation); Subscription TV (e.g. Multichoice) statement. Home loan statement from a financial institution. Long/short term insurance policy documents from a Financial Services Provider. Motor vehicle license/registration documents. Municipal councilor letter. Body Corporate/governing body letter statement Tribal authority letter Official employer letter for employee’s resident on company/institution premises. Official university / Technicon registration letter. Affidavit to confirm Residential Address by Co-habitant, Homeowner or Parent – Form 3122EX; Declaration of Residential Address by Employer where Employee resides on the Employer’s property – Form 3850EX; or Declaration of Residential Address by Co-habitant, Home Owner or Parent – Form 3874EX|
Terms & Conditions
- Please take note of all Website Terms and Conditions of Use. Your use of this website implies an acceptance of the Website Terms and Conditions of Use and any other specific terms and an agreement to be bound by them. In the event of a conflict between the Website Terms and Conditions of Use of this website and any specific terms applicable, and only to the extent of the conflict, the more specific term will apply.
- M a J Capital grants you a limited, revocable license to use this website subject to the Terms. The license is a personal, nontransferable, non-sublicensable, revocable license to access and use the website only as expressly permitted in these Website Terms and Conditions of Use. Except for this limited license, we do not grant you any other rights or license with respect to this website.
- Unless we have granted you permission in advance and in writing, you may use the website only for your personal, non-commercial use, and not to provide services to a third party. Any person wishing to use this web site contrary to the Website Terms and Conditions of Use must obtain M a J Capital’s prior written consent.
- M a J Capital makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to, the accuracy, accessibility, integrity and timeliness of this information. M a J Capital assumes no liability or responsibility for any errors or omissions in the content of this site and further disclaims any liability of any nature for any loss howsoever arising in connection with using this website or any content contained herein. Furthermore, M a J Capital reserves the right to make changes to these materials at any time without notice. If you find any inaccurate, out of date or incomplete information or material on this website, or if you suspect that something is an infringement of intellectual property rights, you must let us know immediately by contacting M a J Capital or the owner or provider of the information to which the issue relates.
- Unless otherwise stated, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this web site are the sole property of or will vest in M a J Capital or a third party licensor. All moral rights are reserved.
- Trademarks. M a J Capital logo and sub-logos, marks, and trade names are the trademarks of M a J Capital and no person may use them without permission. Any other trademark or trade name that may appear on this web site or other marketing material of M a J Capital is the property of its respective owner.
- You should independently verify any information and material on this website before relying upon it. The information and material on this website are not substitutes for the exercise of professional judgment. If you are not qualified or experienced enough to make that judgment, you should take professional advice or contact the relevant information owner or provider for further information and advice.
- Hyperlinks to other websites are provided as a convenience only, and imply neither responsibility for, nor approval of, the information contained in those other web sites on the part of M a J Capital. M a J Capital makes no warranty, either express or implied, as to the accuracy, availability, reliability or content of such information, text, graphics and hyperlinks. M a J Capital will not be liable for any indirect or consequential loss, or for any loss of business, profit, revenue, goodwill or data, lost or wasted management time or the lost time of other employees arising from your use of this website or any information or material on it, or your inability to use it (whether that loss is direct or indirect).
- While M a J Capital makes every effort to ensure that any executable material available to be downloaded from M a J Capital’s websiteis free of any virus, it cannot guarantee that the material is free from any or all viruses. M a J Capital is not responsible for any loss or damage howsoever caused by the executable material and potentially malicious code contained therein.
- You are responsible for ensuring that your computer systems are suitable to access and use this website. You are responsible for implementing enough anti-virus and other security checks to ensure the accuracy of data input and output.
- Restrictions on Use of Website:
- Framing. No person, business, or website may frame this website or any of the pages on this website, or use any other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website;
- Linking. We prohibit “deep linking” to any other pages in a manner that would incorrectly suggest endorsement or support of M a J Capital or suggests you are the owner of any intellectual property belonging to M a J Capital.
- Spiders and Crawlers. No person, business, or web site may use any technology (including spiders or crawlers) to search and gain any information from this website.
- You specifically may not:
- Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the content in any form whatsoever;
- Modify, translate into any language or computer language, or create derivative works from, any content or any part of this website;
- Reverse engineer any part of this website;
- Use the website to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
- Disguise the information transmitted through the website;
- Sell, offer for sale, transfer, or license any portion of the website in any form to any third parties;
- Use or access the website in any way that, in our reasonable judgment, adversely affects the performance or function of the website, or any other computer systems or networks used by M a J Capital other website users;
- Upload or transmit to the website or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our website, or appropriate the website or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
- Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our website, or take any action that impose an unreasonable load on our equipment; or
- disguise the origin of the information transmitted through the website.
- All warranties, representations, terms, conditions and undertakings, whether implied by statute, common law, custom, trade usage, course of dealing or otherwise (including any implied warranty, representation, term, condition or undertaking of satisfactory quality or fitness for a particular purpose) are excluded to the fullest extent allowed by law by M a J Capital and the information owners and providers.
- If the use of any information or material on this website is unlawful in any jurisdiction (because of your nationality, residence or for some other reason), that information or material is not offered. If you are outside the Republic of South Africa you must satisfy yourself that you are lawfully able to use any such information and materials. We accept no liability, to the extent allowed by the law, for any costs, losses or damages resulting from or related to the access or attempted access of any information or materials by anyone outside the Republic of South Africa.
- No delay, neglect or forbearance on the part of M a J Capital in enforcing any of their rights under the Website Terms and Conditions of Use will be, or be deemed to be, a waiver and it will not prejudice any right of M a J Capital
- If any of the Website Terms and Conditions of Use is held to be unenforceable, illegal or in some other way invalid, the unenforceable, illegal or invalid provision will be deemed to be severable and will not affect the remainder of the Website Terms and Conditions of Use which will continue to be of full force and effect.
- No addition to or modification of any provision of these Website Terms and Conditions of Use will be binding on M a J Capital unless made in writing and signed by their duly authorized representatives.
- M a J Capital may modify, suspend, or discontinue providing this web site (with or without notice) and will not be liable.
We take your privacy seriously
BY ACCESSING AND USING THIS WEBSITE AND/OR BY INTERACTING WITH M a J Capital IN ANY CAPACITY WHATSOEVER, YOU CONSENT TO THE PROCESSING OF YOUR PERSONAL INFORMATION BY RAINFIN t/a RAINFIN ON THE BASIS SET OUT IN THIS PRIVACY NOTICE. IF YOU DO NOT CONSENT, YOU MUST IMMEDIATELY STOP ACCESSING AND/OR USING THIS WEBSITE.
- In providing services to users of the M a J Capital website, M a J Capital collects, uses, processes and, in some circumstances, shares the personal information of users in and through this website.
- M a J Capital respects the rights of users of the M a J Capital website whose personal information is collected, and used and/or processed by it, including their right to protection against the unlawful collection, retention, sharing and use of such personal information.
- The purpose of this Privacy Notice is to provide You with information about the information processing activities of M a J Capital and the way Your rights are protected.
- This Privacy Notice shall serve as a blanket notification to You about M a J Capital’s processing activities and will apply in relation to each interaction between You and M a J Capital.
- M a J Capital may amend the provisions of this Privacy Notice to comply with any changes in the law, and/or pursuant to any changes to its information processing activities or privacy practices. Such amendments will be published on the website and will become operable from the date of such publication.
- DEFINITIONS AND INTERPRETATION
- In this Privacy Notice, the
following words bear the following meanings:
- “consent” means any voluntary, specific and informed expression of will in terms of which permission is given by or on behalf of You of the website for the processing of Your personal information;
- “direct marketing” means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply any goods or services to the data subject;
- “information officer” means the information officer appointed by M a J Capital in accordance with the POPI from time to time;
- “juristic person” includes a body corporate, a partnership, an association, or a trust as defined in the Trust Property Control Act 57 of 1988;
- “operator” means an outside third party who processes personal information for or on behalf of M a J Capital in terms of a contract or mandate;
- “Person” means a natural person or a juristic person;
means any information linked to You or information that can identify
You, including but not limited to:
- information relating to Your gender, nationality, ethnic or social origin age, language;
- information relating to Your education or Your financial, criminal or employment history;
- Your identity or registration number, e-mail address, physical address, telephone number, location information or online identifier;
- all financial information about You;
- Your personal opinions, views or preferences;
- correspondence sent by You which is of a private or confidential nature;
- the views or opinions of others about You; and
- Your name if it appears with other personal information relating to You, or if the disclosure of Your name on its own would reveal further personal information about You, or any other personal information as defined and contemplated in POPI;
- “POPI” means the Protection of Personal Information Act 4 of 2013, including any regulations or codes of conduct promulgated under it;
- “PAIA” means the Promotion of Access to Information Act 2 of 2000;
- “process” or “processing”
means, in relation to personal information, any operation or activity or any
set of operations, whether by automatic means, including:
- the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use of that information;
- dissemination by means of transmission, distribution or making available in any other form; or
- merging, linking, as well as restriction, degradation, erasure or destruction of that information;
- “User Agreement” means the user agreement that a person who registers with M a J Capital will conclude on the M a J Capital website;
- “the website” means the website or any part thereof which is accessible from www.rainfin.com;
- “You” means a visitor or user of this website, or any of the content or services associated with this website, and “Your” has a corresponding meaning.
reference in this Privacy Notice to:
- the singular includes the plural and vice versa;
- any one gender includes the other genders, as the case may be;
- an act, regulation or other law is to the version of that law in force at the effective date of this notice and includes any amendment or re-enactment made to that law after the effective date of this notice.
- 3. When calculating any number 1of days for the purposes of this notice, the first day must be excluded and the last day of the relevant interval included, unless the last day is not a business day, then the last day will be the next succeeding business day.
- The word “include” means “include without limitation”. Use of the word “include” or “in particular” is for illustration or emphasis only and where followed by specific examples must not be interpreted as limiting the meaning of the general wording preceding it.
- A requirement that any notice, request, demand or other communication made in terms of this Privacy Notice must be in writing will be met if it is in the form of a data message as defined in the Electronic Communications and Transactions Act, No. 25 of 2002, and is accessible in a manner usable for subsequent reference.
- In this Privacy Notice, the following words bear the following meanings:
- WHAT PERSONAL INFORMATION IS
- M a J Capital may collect the
following personal information from You:
- Initials, first name, surname or registered full name;
- Identity or registration number and/or date of birth;
- Physical and postal address;
- Email address;
- Telephone and cellphone numbers;
- Gender, nationality, ethnic and social origin, age, language preference;
- financial information about You;
- Your personal opinions, views or preferences;
- correspondence sent by You which is of a private or confidential nature;
- the views or opinions of others about You;
- Your credit information and history; and
- any other personal information that may be provided by You to M a J Capital or obtained by M a J Capital or required by M a J Capital in relation to the provision of the services of M a J Capital to You.
- The supply of personal information by You to M a J Capital is voluntary and not mandatory. However, if You refuse to supply any personal information, certain consequences may naturally flow from such a refusal, such as preventing M a J Capital from concluding or performing any contract with You, or preventing M a J Capital from complying with one or more of its obligations in law.
- M a J Capital may collect the following personal information from You:
- PURPOSE/S FOR COLLECTION AND
PROCESSING OF PERSONAL INFORMATION
- M a J Capital shall only collect Your personal information for a specific, explicitly defined and lawful purpose relating to a function or activity of M a J Capital’s business.
- Such purposes may include the
- to make the decision whether or not to enter into a contract with You or allow You to contract with other users of the M a J Capital website portal;
- to display to other users of M a J Capital, to enable potential loans under the M a J Capital website portal to be entered into between You and other users;
- to perform any obligations under a contract with You;
- to comply with a legal obligation;
- to protect a legitimate interest of Your (unless You have specifically objected in writing to all or some of the processing activities on reasonable grounds);
- to pursue its own legitimate interests or the legitimate interests of a third party who it is sharing the information with (unless You have specifically objected in writing to all or some of the processing activities on reasonable grounds);
- to process personal information for credit reporting purposes;
- to process personal information for direct marketing purposes (unless You have opted out of receiving any direct marketing material);
- to present content to You in the most effective way for you and your viewing device and browser;
- to customize and display content including, but not limited to products, articles, listings and advertisement to You in a way that M a J Capital feels may interest You or be most beneficial to You;
- to send content including, but not limited to products, articles, listings and advertisement content to You via email or other electronic media, where You have consented to be contacted by M a J Capital with such content;
- to enable You to voluntarily participate in interactive features on the website;
- to notify You about changes to the website; and/or
- to contact You regarding their contracts concluded through M a J Capital’s website portal.
- M a J Capital will not sell Your personal information to any third party without the prior written consent of You.
- COLLECTION DIRECTLY FROM USER
- M a J Capital shall, as far as
possible, always collect personal information about You directly from
You, except in the following circumstances:
- where personal information is collected from a public record, or from another source if the information has already been made public by You;
- where You have given your written consent to M a J Capital to collect your information from another source;
- where the collection of Your personal information from another source will not prejudice any of Your legitimate interests;
- where the collection of personal information from another source is necessary to maintain M a J Capital’s legitimate interests or those of any third party it intends sharing the information with;
- where the collection of personal information directly from You would prejudice the purpose for the collection;
- where the collection of personal information directly from You is not reasonably practicable in the circumstances.
- If M a J Capital collects personal information from a source other than You , it shall record in writing the details of that source, including the full names and contact details of that source where applicable.
- You hereby consent to M a J Capital requesting and obtaining credit information pertaining to You from any reputable credit reporting agency or institution for the purpose of concluding any transaction offered by M a J Capital through its website portal.
- Personal information may be
collected from or supplied by You in any of the following ways:
- during the process of registering as a user on this website;
- provided by You as part of your profile pages on the website;
- when subscribing to a service, entering into a competition or promotion, or participating in a survey offered on this website;
- when posting a comment, review, reply or recommendation on this website;
- when requesting further services or information from M a J Capital and/or other users of M a J Capital;
- when contacting M a J Capital to report a problem with the website or for any other reason;
- when completing any forms on the M a J Capital website.
- You may visit the website without providing any personal information. However, the websites servers may still collect technical information regarding the use of the website, which is aggregated for analytical purposes, technical maintenance and for improving the content offered on the website. Such information may include details of Your visit, information about Your computer, including IP (Internet Protocol) address, operating system and browser type, Your location, and usage information. Individuals users like You will not be identified from or by this information and M a J Capital is entitled to copy, distribute or otherwise use such information without limitation.
- M a J Capital shall, as far as possible, always collect personal information about You directly from You, except in the following circumstances:
- “Cookies” are small text files transferred by a webserver to Your hard drive and thereafter stored on their computer. The types of information a Cookie collects includes Your username, the date and time of your visits to the website, your browsing history and preferences.
on this website to:
- distinguish one user from another on the website;
- remember Your last session when You return to the website;
- estimate the website’s audience size and usage patterns;
- store information about Your preferences, which allows M a J Capital to customize the website and content according to Your individual preferences; and
- speed up searches on the website.
- GENERAL CONDITIONS FOR
PROCESSING PERSONAL INFORMATION
- M a J Capital shall comply with all laws, contracts or regulations when it processes Your personal information.
- M a J Capital shall not act unreasonably when processing Your personal information. This means that it will collect and process Your personal information in a way that You can reasonably expect and in a way that is fair.
- M a J Capital shall always respect Your right to privacy . If there is another way in which it can achieve the same goal without posing any risk of harm to Your the privacy rights, then it will choose that option.
- Similarly, if M a J Capital needs to process personal information but there are less privacy-invasive methods of collecting, using and sharing that information, then it will use those methods.
- M a J Capital shall ensure that the personal information that is collected and processed is and remains relevant to the identified purpose/s for such processing, and that such information is and remains adequate, but not excessive, for achieving the identified purpose/s.
- If there are any alternative ways to achieve the identified purpose/s without processing personal information, M a J Capital shall not process that personal information.
- M a J Capital shall ensure that the processing activities it chooses to apply are proportionate to achieving the identified purpose/s and that no less privacy invasive measures are available to achieve the same purpose/s.
- M a J Capital shall ensure that, regardless of the stated purpose/s for processing personal information, the rights and interests of users such as You will not be unnecessarily prejudiced or infringed, unless it cannot be avoided, and then in such cases, it shall ensure that its own rights and/or interests justify such prejudice or infringement taking place.
- Once M a J Capital has achieved the purpose for the collection of Your personal information, it will destroy or delete such information, unless You have directed otherwise in writing, or M a J Capital is required by law to retain the information for a longer period of time.
- If M a J Capital no longer needs to process personal information to achieve the purpose originally specified, it will stop using that information.
- DISCLOSURE AND SHARING OF
- M a J Capital may, in the course of providing any content or services on this website, or for the purposes of concluding or performing any transaction with You, share certain personal information with third party operators who perform certain processing activities on behalf of M a J Capital.
- The categories of third party
operators with whom it is shared is set out below:
- banks or other financial institutions where You maintain or have maintained bank accounts, loan accounts or other financial or portfolio accounts;
- credit bureau service providers;
- service providers who provide M a J Capital with legal assistance, accounting or auditing services, payroll services and/or other utilized to effectively operate the M a J Capital business;
- delivery and courier service providers;
- Payment Gateway Provider;
- Bulk email delivery providers.
- M a J Capital may also share aggregated information about You, and Your usage patterns. M a J Capital n may also use such aggregated information to help advertisers target specific audiences. Such aggregated information will be de-identified, and Your personal information will not be disclosed.
- Other than as stated in clause 9.1to9.3 , M a J Capital shall not share Your personal information with any third parties unless it has Your express consent to do so.
- USERS RIGHTS IN RELATION TO THE
PROCESSING OF THEIR PERSONAL INFORMATION
- You shall have the following
rights in relation to the processing of Your personal information:
- to access and correct any personal information held by M a J Capital about them;
- to object to the processing of their information; and
- to lodge a complaint with the Information Regulator.
- You may make a request in terms of clause 10.1.1 by following the process for making such a request as set out in M a J Capital’s PAIA manual.
- You shall have the following rights in relation to the processing of Your personal information:
- FURTHER PROCESSING
- M a J Capital shall not
process Your personal information for any purpose not previously
specified except in the following circumstances:
- where You have consented to such further processing;
- where the further processing is necessary for the exercise of any contractual rights or the fulfillment of any obligations between M a J Capital and You;
- where the further processing activities are linked to or compatible with the original purpose;
- where the further processing is necessary for the prevention, detection, investigation, prosecution and punishment of an offence;
- where the further processing is necessary to enforce any law;
- where the further processing is necessary for the conduct of legal proceedings in any court or tribunal that have commenced or are reasonably contemplated;
- where the further processing is necessary to prevent or mitigate a serious and imminent threat to the life or health of You or another individual;
- where the further processing is necessary for historical, statistical or research purposes.
- M a J Capital shall ensure that if it intends processing personal information for other purposes not previously specified, it shall notify You of such further purposes and the possible consequences of the intended further processing for You.
- M a J Capital shall not process Your personal information for any purpose not previously specified except in the following circumstances:
- ACCURACY, CORRECTNESS AND
COMPLETENESS OF PERSONAL INFORMATION
- M a J Capital shall take reasonably practicable steps to ensure that the personal information kept by it about You is complete, accurate, not misleading and is updated when necessary.
- However, if You are aware of any personal information in M a J Capital’s custody that is incorrect, inaccurate or which needs to be updated, You must make a written request to M a J Capital ‘s information officer at firstname.lastname@example.org to update or correct the relevant information.
- If You have contested the accuracy of any personal information being used by M a J Capital, it shall immediately stop using that information until its accuracy has been verified.
- M a J Capital reserves its right to only adhere to a request from You in terms of clause 12.2 if the correction or updating of that information will result in the personal information being correct and accurate.
- Where personal information that has been shared by M a J Capital with a third party is subsequently updated or corrected, M a J Capital shall ensure that all third parties, with whom that information was shared, receives the updated and/or corrected version of the information as soon as it has been updated and/or corrected.
- SECURITY SAFEGUARDS
- M a J Capital is committed to protecting the personal information in its custody against any loss of, damage to or unauthorised destruction of that information, and to prevent any unauthorised parties from accessing that information.
- M a J Capital takes steps to continually identify and document any risks to the personal information it has in its possession or under its control and that appropriate security safeguards are in place against those risks.
- M a J Capital shall ensure
that in any contracts entered into with third party operators who process
personal information on M a J Capital ‘s behalf, include the following
- the operator shall not process any personal information without M a J Capital ‘s knowledge and authority;
- the operator shall treat all personal information given to it as confidential and shall not disclose it to any unauthorised third parties;
- the operator shall establish and maintain adequate security measures which are the same or offer similar protection over the personal information as that employed by M a J Capital;
- the operator shall notify M a J Capital immediately where there are reasonable grounds to believe that any personal information has been leaked to or accessed by any unauthorised person;
- if the operator is situated in another country, it must comply with the data protection laws in that country and be able to provide verification that it is so compliant;
- if an operator is legally obliged to disclose any personal information processed by them on M a J Capital ‘s behalf to other parties, it must notify M a J Capital beforehand to enable M a J Capital and/or You to protect Your rights if necessary.
- You must maintain the secrecy of any passwords used to gain access to this website and You should change such passwords regularly.
- M a J Capital shall ensure that all personal information on its systems is properly backed-up and that back-up copies are stored separately from the live files.
- As the internet is not a secure medium of communication, M a J Capital cannot guarantee the security of any information You input on its website or send to M a J Capital via the internet. M a J Capital is not, and will not be, responsible for any damages You or others may suffer as a result of the loss of confidentiality of any such information.
- NOTIFICATION OF BREACH OF
- If personal information about You is inadvertently leaked or M a J Capital ‘s security has been unlawfully breached by any unauthorised party, M a J Capital shall immediately identify the relevant users who may be affected by the security breach, and shall contact them at their last known email address or contact details or by the quickest means possible.
- M a J Capital shall provide sufficient information to You to allow You to take the necessary protective measures against the potential consequences of the compromise, or shall advise You of the steps to be taken by You and the possible consequences that may ensue from the breach for You.
- DECISIONS BASED ON PERSONAL
- If M a J Capital is required to make a decision about You using any personal information that has been obtained, it shall ensure that a record of such information and the decision made is kept for a reasonable period of time to give You an opportunity to request access to that record.
- M a J Capital may allow You a reasonable opportunity to make representations before any decision is made solely on the basis of the personal information processed, if that decision will affect Your legal position, or will otherwise adversely affect You in some manner or form.
- M a J Capital in shall always ensure that the underlying logic behind any decision made pursuant to the automated processing of personal information is sound and that this underlying logic may be able to be communicated to You to enable You to make representations.
- If M a J Capital has made a decisions based on incorrect personal information, it shall immediately revisit that decision as soon as it receives notice or becomes aware of the error or inaccuracy of that information.
- LINKED THIRD PARTY WEBSITES
- This website may contain links or references to other websites, including those of advertisers (“third party websites”) which are not under M a J Capital ‘s control.
- The provisions of this Privacy Notice are not applicable to third party websites and M a J Capital shall not be responsible for the information processing practices and/or privacy policies of those third party websites, or the cookies that those websites may use.
- DIRECT MARKETING
- You hereby consent to the processing of Your personal information for the purpose of direct marketing by means of electronic communications including automatic calling machines, facsimile machines, SMS’s or electronic mail.
- Where You are a pre-existing customer of M a J Capital, M a J Capital shall be entitled, without Your consent, to sending electronic communications to You for the purpose of marketing similar products or services offered by M a J Capital.
- You may object, free of charge, and without unnecessary formality, to the use of their details either when the information was first collected from You or when each subsequent electronic communication is sent to You by M a J Capital and/or its subsidiaries.
- You can opt out of receiving further marketing communications by un-checking certain boxes on the forms used on the website to collect their personal information, or by contacting M a J Capital at email@example.com .
- CHILDREN’S PERSONAL INFORMATION
M a J Capital does not knowingly process any personal information relating to a person under the age of 18 years. If this website is being accessed by the parent or guardian of a child under the age of 18 years, and personal information pertaining to that child is being provided by the parent or guardian, then they hereby expressly consent to M a J Capital processing such information according to the further provisions of this Privacy Notice.
- CROSS BORDER TRANSFERS OF
- Subject to clause 19.2 , M a J Capital does not intend sharing Your personal information with a third party in another country.
a J Capital may transfer personal information to another country in the
following circumstances, to which You consent:
- the transfer is necessary for the performance of a contract that M a J Capital has with You or the performance of services offered by M a J Capital to You;
- the transfer is necessary for the implementation of pre-contractual measures taken in response to Your request;
- the transfer is necessary for the conclusion or performance of a contract with a third party which is for the benefit of or in the interest of You;
- the transfer is otherwise for the benefit of You;
- You have consented to the transfer of Your information; or
- to store Your personal information electronically in a secure database, which shall be done by electronically transmitting Your personal information via a secure connection to, and storing Your personal information electronically in, a secure database hosted in an ISO27001 certified environment. Your personal information shall be hosted with an offshore hosting partner which is a European Union member, compliant with the EU Data Directive which provides data protection which is at least as protective as POPI , as selected by M a J Capital from time to time.
- .The service providers to which M a J Capital discloses Your personal information in terms of clause 19.2 and/or the User Agreement have the right to electronically transmit Your personal information via a secure connection to, and store Your personal information electronically in, a secure database hosted outside South Africa, provided they have security and privacy policies and procedures providing at least the same level of protection as M a J Capital does.
- RETENTION OF INFORMATION
- M a J Capital will keep a
record of any personal information collected for no longer than is
necessary to achieve the specific purpose for which it collected such
information in the first place unless:
- it is required by law to keep a record of such information for a longer period; or
- it needs to keep a record of such information for another lawful purpose; or
- it has a contractual obligation to keep a record of such information; or
- You have consented to their information being kept for a longer period.
- M a J Capital may, if it has de-identified personal information, kept such information for historical, statistical or research purposes. M a J Capital shall ensure that appropriate safeguards are in place to prevent those records from being used for any other purposes, or against the information being re-identified.
- M a J Capital will keep a record of any personal information collected for no longer than is necessary to achieve the specific purpose for which it collected such information in the first place unless:
- RETURNING, DESTROYING OR
DELETING PERSONAL INFORMATION
- Where M a J Capital is no
longer authorised to retain a record of any personal information, it
- ensure that the information is permanently destroyed or deleted as soon as reasonably practicable; or
- return the information to You or transfer it to a third party, if requested by You in writing to do so.
- Where M a J Capital is no longer authorised to retain a record of any personal information, it shall either:
- USER FORUMS ON THE RAINFIN WEBSITE
If You post content to or comment on another user’s posts on a user forum on M a J Capital ‘s website, your views will be available to all persons who can access the forum. If You publish any of Your personal information onto a forum, M a J Capital will not be responsible for how other people make use of or process that information. M a J Capital reserves the right not to publish or to remove any posts it considers inappropriate.
- CHANGE OF CONTROL
- You hereby consent to the processing of Your personal information in terms of the provisions of this Privacy Notice.
- You acknowledge and agree that
such consent has been given voluntarily after You have read and
understood the provisions of this Privacy Notice regarding the following:
- the types of personal information to be processed;
- the specific processing activities to be undertaken;
- the specific purpose/s for such processing; and
- the possible consequences for You that may arise from such processing.
- Should You wish to withdraw any consent previously given by You, You must notify M a J Capital ‘s information officer in writing. You have the right to withdraw any consent at any time, demand that the processing of the personal data be terminated and the gathered personal data be deleted or closed and that the M a J Capital user account be closed, provided that You do not have any active Loan Applications, valid Loan offers, valid Loan Agreement or any open or failed Loan applications in M a J Capital (all such terms being as defined in the User Agreement).
- LODGING AN OBJECTION
- You may, on reasonable grounds, object to the processing of Your personal information at any time after that processing has started.
- If You wishes to object to the processing of Your personal information, You must send written notice of Your objection to M a J Capital ‘s information officer, together with Your reasons for doing so.
- CHOICE OF LAW
This Privacy Notice shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
- AMENDMENT OF THIS PRIVACY
- M a J Capital reserves the right to change, update, add, remove and/or amend any of the provisions of this Privacy Notice from time to time. Such changes, updates, additions, removals or amendments will become effective from the date of their publication on this website.
- It is Your obligation to periodically check the provisions of this Privacy Notice for any such changes, updates, additions, removals or amendments.
- Your continued use of this website following any changes, updates, additions, removals or amendments to this Privacy Notice will be considered notice of Your acceptance to abide by and be bound by this Privacy Notice, as amended.