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1. TERMS & CONDITIONS OF WEBSITE USE

This page (together with the documents referred to on it) advises of the terms of use on which you may make use of our website http://gemsbokfs.co.za/ ("Website"), whether as a guest or a registered user. Please read these Terms & Conditions of Website Use carefully before you start to use the Website. By using our Website, you agree to and accept these Terms & Conditions of Website Use and that you will abide by them. If you do not agree to these Terms & Conditions of Website Use, please refrain from using our Website.

 

1.1. INTRODUCTION

Gemsbok primarily provides micro finance to the general public and consists of different entities.  Each entity is duly registered and incorporated in accordance with the company laws of the Republic of South Africa, as well as a registered credit provider with the National Credit Regulator.  Here are more information on the different entities:

BRANCH NAME

REGISTERED BUSINESS NAME

NCR NUMBER

Gemsbok Finannsile Dienste - Kakamas

Gemsbok Finannsile Dienste CC

NCRCP1026

Gemsbok Finannsile Dienste - Kathu

Gemsbok Finannsile Dienste CC

NCRCP1026

Gemsbok Finannsile Dienste - Upington

Gemsbok Finannsile Dienste CC

NCRCP1026

 

1.2. INFORMATION ABOUT US

www.gemsbokloans.co.za is a site operated and owned by the Gemsbok, with its registered head office at 11B Schronder Street, Upington, 8800 and branches as per information in point 1 discussed above.

 

1.3. ACCESSING OUR WEBSITE

1.3.1. Access to our Website is permitted on a temporary basis, and we reserve the right to amend the information or withdraw the services we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

1.3.2. You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

 

1.4. INTELLECTUAL PROPERTY RIGHTS

1.4.1. Gemsbok is the owner of all intellectual property rights contained in this Website and you agree to use this Website for the intended purpose and not to abuse or infringe any of Gemsbok’s intellectual property rights.

1.4.2. Copyright and trademark rights may subsist in some or all of the content contained on our Website.

1.4.3. Unauthorised use, reproduction, dissemination, copying, modification and/or distribution is strictly prohibited and constitutes an infringement of Gemsbok’s intellectual property rights.

1.4.4. The content contained on this website is solely for your personal use and not commercial use.

 

1.5. RELIANCE ON INFORMATION POSTED & CONTENT OF THE WEBSITE

1.5.1. Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

1.5.2. Gemsbok makes every effort to regularly update the information provided on the Website, however makes no representation or warranties, whether express or implied to the extent permitted by law, as to the accuracy, completeness or reliability of any information, data and/or content on the website.

1.5.3. It’s at the sole discretion of Gemsbok to amend these terms & conditions from time to time, which updated terms & conditions will be made available on the Website.

1.5.4. Gemsbok encourages users to report to it any untrue, inaccurate, defamatory, illegal, infringing and/or harmful content contained on the Website. Upon receipt of reasonable proof from a user of the alleged nature of the content, Gemsbok undertakes to correct and/or remove such content.

 

1.6. USE OF WEBSITE & PROHIBITED USES

1.6.1. The use of this Website is solely for purposes of the user completing a credit application form and submitting the information needed for Gemsbok to assess such an application through our Credit Policy below (point no2).

1.6.2. The use of this Website and the content contained herein, is provided as is, and although Gemsbok endeavours to provide accurate information, it cannot provide any guarantees in this regard.

1.6.3. The terms and conditions set out herein are binding and legally enforceable against any person who accesses or uses this Website.

1.6.4. By using this Website, you acknowledge that you have read and understood these terms and conditions and agree to be bound by same.

1.6.5. We reserve our right to restrict your use and access to our website or part thereof in the event of any unauthorised use.

1.6.6. Users may use the Website only for lawful purposes. Users may not use our Website:

in any way that breaches any applicable law or regulations;

in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect;

for the purpose of harming or attempting to harm any individual in any way;

to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Users also agree:

not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of any of the provisions in these Terms & Conditions of Website Use;

not to access without authority, interfere with, damage or disrupt:

any part of our Website;

any equipment or network on which our Website is stored;

any software used in the provision of our Website; or

any equipment or network or software owned or used by any third party.

 

1.7. LINKS FROM OUR WEBSITE & THIRD-PARTY CONTENT

1.7.1. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. If you use these links, you will leave our Website. Gemsbok has not reviewed these third-party websites and we have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

1.7.2. Gemsbok does not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to our Website, you do this entirely at your own risk.

 

1.8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR WEBSITE

Gemsbok processes information about you in accordance with the current legislation applicable to us and set out in our Privacy Policy below (no3).  By using our Website, you consent to such processing and you warrant that all data provided by you is accurate and complete.

 

1.9. COMPLAINTS & ALTERNATIVE DISPUTE RESOLUTION

1.9.1. Should the user want to lodge any complaint, please refer such complaint to mariette@royalfinance.co.za

1.9.2. Any dispute between the parties arising in relation to Gemsbok’s agreement with the user, shall to the extent permitted by law, be referred to arbitration in Johannesburg at a venue to be determined by Gemsbok applying the rules of the Arbitration Foundation of South Africa.

 

1.10. LINKING AND FRAMING

1.10.1. The user may link to Gemsbok’s home page, provided it’s done in a way that is fair and legal and does not damage our reputation or take advantage of it, but the user must not establish a link in such a way as to suggest any form of association, approval or endorsement on Gemsbok’s part where none exists.

1.10.2. The user must not establish a link from any website that is not owned by the user.

1.10.3. Gemsbok’s Website must not be framed on any other Website, nor may the user create a link to any part of the Website other than the home page.

1.10.4. Gemsbok reserves the right to withdraw linking permission without notice.

1.10.5. If the user wishes to make any use of material on our Website other than that set out above, please address your request to mariette@royalfinance.co.za

 

1.11. LIMITATION OF LIABILITY

1.11.1. The use of Gemsbok’s Website is done entirely at the user’s own risk.

1.11.2. Gemsbok does not guarantee that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available is free from viruses or other harmful components.

Elana@01 Gemsbok will not be held liable for any loss or damage sustained by the user, or a third party, arising out of the access or use of the Website, or reliance on any information contained therein.

 

1.12. JURISDICTION

These terms & conditions are governed by and construed in accordance with the law of the Republic of South Africa, irrespective of the user residing in South Africa or accessing the Website outside of the Republic of South Africa.

 

1.13. GENERAL

1.13.1. These Terms & Conditions of Website Use record the entire agreement between the user and Gemsbok in respect of the user’s access, browsing and use of the Website.

1.13.2. Gemsbok may revise these Terms of Website Use at any time by amending this page. The user is expected to check this page from time to time to take notice of any changes effected to the Website, as same are binding on the user.

1.13.3. Some of the provisions contained in these Terms & Conditions of Website Use may also be superseded by provisions or notices published elsewhere on our Website.

 

1.14. TERMS & CONDITIONS IN RESPECT OF CREDIT AGREEMENTS

All terms & conditions relating to the application for credit or credit agreements are contained in the pre-agreement statement and quotation and credit agreement.

 

2. ONLINE CREDIT POLICY

This policy governs the online credit application process for Gemsbok.  After completing your personal and bank account information, the system will send an email with all of your details to the branch where you are registered with or the branch of your choosing in the application form.

 

2.1. INFORMATION NEEDED FOR APPLICATION PROCESS

In order for the branch to process your application you will be required to provide the following (either via the website application process or through telephonic contact with a loan officer after pre-approval):

 

2.2. IMMEDITAE DECLINE REASONS

Your credit application will be declined immediately if the following appear on your credit report:

Your credit application will be declined immediately if the following appear on your Bank Statement:

You will also be immediately declined should you be

 In the event that your application is immediately declined for one of these reasons, we will contact you on the telephone number used for the application to let you know that you do not qualify for the loan.

 

2.3. AFFORDABILITY CHECK

Should your application not be declined as above, we will take the following information into consideration to perform an Affordability Check in line with the Affordability Guidelines provided by the National Credit Regulator:

 

Based on the information provided above, Gemsbok will perform an affordability calculation and one of three eventualities can occur:

  1. You do not qualify for the loan amount requested, but you are pre-approved for a lesser amount or the loan amount requested over a longer repayment period – we will then contact you on the telephone number used for the application to ask if you will be interested in the lesser amount or longer payment period. If you accept, we will start with the steps required to conclude the loan.
  2. You are pre-approved for the loan amount and repayment period requested – we will contact you on the telephone number used for the application and we will start with the steps required to conclude the loan.
  3. Your credit application will be declined if it appears from the calculation that you cannot afford the loan in accordance with the Affordability Assessment Regulations and any Affordability guidelines that may be issued by the National Credit Regulator.  We will contact you on the telephone number used for the application to let you know that you do not qualify for the loan.

 

2.4. PROCESSING OF APPLICATION

On receipt of the documents and further information, your application will be processed by the Gemsbok’s branch of your choice.  The branch will process the credit application in accordance with its own internal criteria and approve and pay out the loan to you at the branch or electronically, whatever the best suited for the situation.

IMPORATANT NOTE:  Any pre-approved loan can be refused by the branch at any stage as a result of a poor affordability assessment and failure to meet the branch’s criteria.

 

3. PRIVACY POLICY

3.1 INTRODUCTION

Gemsbok is committed to sound business practices in compliance with all the relevant legislation, which for purposes of this Privacy Policy, includes the Protection of Personal Information Act 4 of 2013 (“POPIA”) read with the Consumer Protection Act 68 of 2008, The National Credit Act 34 of 2005 and the Constitution of the Republic of South Africa.

 

3.2. PURPOSE, SCOPE & OBJECTIVES OF THE PRIVACY POLICY

3.2.1. The policy sets out the manner in which personal information of consumers, utilising Gemsbok’s Website for purposes of applying for credit, is collected, managed, stored, used and protected by Gemsbok.

3.2.2. The objectives are to:

- process personal information responsibly and lawfully in terms of the provisions of POPIA;

- provide a guideline as to the manner in which Gemsbok processes and protects personal information;

- adopt good practices in terms of processing of personal information;

- display the commitment of Gemsbok to uphold and respect information privacy.

 

3.3. DEFINITIONS

“consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information.

“data subject” means the person to whom the personal information relates.

“personal information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-

“processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including-

 “responsible party” means a public or private body or any other person, which alone or in conjunction with others, determines the purpose of and means for processing personal information.

 

3.4. TYPE OF INFORMATION PROCESSED

Gemsbok may collect and process the following types of information during the credit application process and granting of credit:

 

3.5. LAWFUL PROCESSING OF PERSONAL INFORMATION

The conditions for the lawful processing of personal information by any responsible party i.e. Gemsbok, as prescribed by the provisions of POPIA, are set out herein below.  Gemsbok undertakes to comply with these conditions when processing personal information:

 

3.5.1 Accountability

Gemsbok will ensure that the conditions set out hereunder are given effect to and complied with at the time of processing of personal information.  Gemsbok will remain accountable and takes responsibility for personal information in its possession and processed by it. 

 

3.5.2. Processing limitation

3.5.2.1. Gemsbok undertakes to process personal information:

- lawfully; and

- in a reasonable manner that does not infringe the privacy of the data subject.

3.5.2.2. Personal information will only be processed if, given the purpose for which it is processed, it is in a manner that is adequate, relevant and not excessive.

3.5.2.3. Personal information will only be processed if:

- the data subject or a competent person, where the data subject is a child, consents thereto. The responsible party bears the burden of proof for the data subject’s or competent person’s consent.  The consent may be withdrawn at any time, provided that the lawfulness of processing personal information prior such withdrawal will not be affected;

- processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is a party;

- processing protects a legitimate interest of the data subject;

- processing is necessary for the proper performance of a public law duty by a public body; or

- processing is necessary for pursuing the legitimate interests of the responsible party of a third party to whom the information is supplied.

3.5.2.4. Personal information will be collected directly from the data subject, unless:

- the information is contained in or derived from a public record or has deliberately been made public by the data subject;

- the data subject is a competent person, where the data subject is a child, has consented to the collection of the information from another source;

- collection of the information from another source would not prejudice a legitimate interest of the data subject;

- collection of the information from another source is necessary;

- to avoid prejudice to the maintenance of the law by any public body;

- to comply with an obligation imposed by law or to enforce legislation;

- for the conduct of proceedings, in any court or tribunal, that have commenced or are reasonably contemplated;

- in the interest of national security; or

- to maintain the legitimate interests of the responsible party or of a third party to whom the information is supplied;

- compliance would prejudice a lawful purpose of the collection; or

- compliance is not reasonably practicable in the circumstances of the particular case.

 

3.5.3. Purpose specification

3.5.3.1. Gemsbok will collect the personal information for the following and related purposes:

- Application for credit

- Conducting an Affordability Assessment

- Obtaining a credit bureau report

- Fraud check

- Pre-agreement statement & quotation & credit agreements

- Debt collection

- Marketing if consent was obtained

- Compliance with legislation

 

3.5.3.2. Once personal information, processed and stored by Gemsbok, has reached its expiry date or becomes in any way redundant, Gemsbok will destroy or delete the record of personal information in a manner that prevents its reconstruction in an intelligible form.

3.5.3.3. Gemsbok will restrict the processing of personal information if:

- the accuracy is contested by the data subject, for a period to enable the verifying of the personal information;

- the personal information is no longer needed for the purpose for which it was collected and processed, but maintained for purposes of proof;

- the processing is unlawful and the data subject opposes its destruction, but requests the restriction of its use instead; or

- data subject requests the transmission of personal data into another automated processing system.

 

3.5.4. Further processing limitation

Any further processing of personal information carried out by Gemsbok will be done in accordance or compatible with the purpose for which it was initially collected.

 

3.5.5. Information quality

Gemsbok will take reasonably practicable steps to ensure that the personal information is complete, accurate, not misleading and updated where necessary.

 

3.5.6. Opennese

3.5.6.1. Gemsbok will maintain the documentation of all processing operations under its responsibility.

3.5.6.2. When personal information is collected, Gemsbok will take reasonably practicable steps to make the data subject aware of:

- the information being collected or the source from which the information is collected;

- the name and address of the responsible party;

- the purpose for which the information is being collected;

- whether or not the supply of the information by that data subject is voluntary or mandatory;

- the consequences of failure to provide the information;

- any particular law authorising or requiring the collection of the information;

- the fact that, where applicable, the responsible party intends to transfer the information to a third country or international organisation and the level of protection afforded of the information by that third country or international organisation;

- any further relevant information.

3.5.7. Security safeguards

3.5.7.1. Gemsbok undertakes to secure the integrity and confidentiality of personal information in its possession or under its control. This is done by taking appropriate, reasonable technical and organisation measures to prevent loss of, damage to or unauthorised destruction of personal information; and unlawful access to or processing of personal information.

3.5.7.2. The following safeguards has been put in place by Gemsbok to secure the integrity and confidentiality of personal information:

- Physical access security to the building

- Password protection on Loan Management systems

- Password protection on all computer logins

- Anti-virus programmes on all computers, which are tested and updated monthly

- Firewalls

- External hard drive for backup purposes

3.5.7.3. Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, Gemsbok will notify, as soon as possible after the discovery of the compromise:

- the Information Regulator; and

- the data subject, unless the identity of such data subject cannot be established.

3.8.7.4. Gemsbok will notify the data subject in writing of the unauthorised access to or acquiring of its personal information and provide sufficient information to the data subject in order to take protective measures against the potential consequences of the compromise.

 

3.5.8. Data subject participation

Any queries or concerns regarding this Privacy Policy, your information held, corrections or deletion of personal information or updating personal information, please contact us on mariette@royalfinance.co.za

 

3.5. COLLECTION OF INFORMATION

Gemsbok collects personal information in the following manners:

 

Thank you for visiting our Website.

 

 


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