Which laws apply?
Electronic Communications and Transactions Act
We also voluntarily subscribe to the principles, outlined in Section 51 of the Electronic Communications and Transactions Act 2002 (‘ECT Act’), which govern your right to having your personal information kept private. We briefly outline these principles below:
• we hereby disclose in writing, the specific purpose for which we use, request and store your personal information. We will also keep a record of that personal information and the specific purpose for which we have used it; and
• we will not use your personal information for any purpose, other than that which we disclosed to you herein, unless you give us your express written permission to do so, or unless we are permitted/required to do so by law.
Further to the requirements of the ECT Act; we will disclose your personal information without your consent:
• if we are required to do so by law or a court order;
• if disclosure is in the public interest;
• if disclosure is in FASTA’s interest;
• with your implied consent.
In terms of the Consumer Protection Act of 2008 (“CPA”), The Protection of Personal Information Act of 2013 (“POPI”) and section 45 of the ECT Act, you understand that you have the option to opt out of any mailing list maintained by FASTA for commercial and marketing communications.
Security and confidentiality
We understand the value of your personal information and therefore will take all reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. Your personal information is stored in databases that have built-in safeguards and firewalls to ensure the privacy and confidentiality of that information.
We recognise the need for appropriate protection and management of the personal information you share with us. We protect that information using Secure Socket Layer (SSL) encryption technology and by limiting employee access on a need-to-know basis. We store data in encrypted form on computers and control access via secure web pages. We employ firewalls and other security technologies to protect our servers from external attack.
Our security systems meet or exceed industry standards and we are constantly monitoring internet developments to ensure our systems evolve as required. We also test our systems regularly to make sure our security mechanisms are up to date.
We are subject to South African data protection laws including, but not limited to, those contained in the National Credit Act 2005 read with the National Credit Amendment Act 2014 (“NCA”), Consumer Protection Act of 2008 (“CPA”), POPI, Consumer Protection Act of 2008 (“CPA”), CPA as well as ECT Act, which we fully comply with.
Personal information is information that identifies or relates specifically to you and includes your financial information, for example, your name, age and identity number, your assets and liabilities, your income and your payment records. We consider any information that we have about you to be regarded as your personal information.
Collecting your data
We collect information about you in two ways – directly from you through your online application and from external providers, such as the registered Credit Bureau’s. We may use data that identifies your personal information for a number of reasons including:
1. statistical analysis;
2. to develop and improve our products;
3. to assess lending risks;
4. to update your records;
5. to identify which of our products, or our partners’ products which might interest you;
6. to identify and prevent fraud, money laundering and other criminal activities;
7. to carry out regulatory checks,
8. keeping you informed about your loan, and
9. for market research in terms of the products and services which we offer on behalf of third parties.
Collection and use of your personal information
We are a responsible lender and want to ensure that your use of our products, as well as the electronic service offered, runs as successfully as possible. It is necessary for us to find out your exact needs and then use your personal information to determine whether you can repay the loan/pay the required instalments in terms of the provisions of NCA. The following are some of the reasons why we would collect your personal information:
• to identify you;
• in order for us to process your instructions or requests;
• in order for us to ensure that you meet our lending criteria, we may collect and analyse your personal information and combine all the information that we have about you to compile a credit profile of you in order for us to grant you a loan and to meet your specific needs;
• once we have collected and analysed your personal information, we may send you promotional material or details which we think may be of interest to you. If any of this promotional information relates to products, promotions, news or services of a third party, and if you indicate that you would like more details, we may inform the third party to contact you directly. We will, however, only inform a third party to contact you directly if you have indicated that this is agreeable to you.
Additional data collection
In addition to the personal information you submit, we may collect information about your computer including, where available, your Internet Protocol (IP) address, your device’s operating system and browser type. We use this system administration for fraud detection as well as aggregate this information to our advertising partners which allow us to have a better understanding of our customer requirements and/or preferences by using cookies to track users as they travel from website to website recording what commercial advertisements they view and select while browsing.
This is statistical data about browsing actions and patterns and does not specifically identify you or any other any individual. We may also obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies enable us to improve our service to you, estimate our audience size and usage patterns, store information about your preferences and recognise you when you return to our site.
We want to provide you with the best possible service, so calls to us may be recorded and/or monitored for quality checks and staff training. Recordings may also be used to help us combat fraud.
When you use the FASTA Website and the services provided by us, you may be given an access number, username, password and/or personal identification number (“PIN”). You are responsible for maintaining the secrecy and confidentiality of your username, access card, password and/or PIN.
Sharing your data for service provision
Selling and disclosing your data to third parties
We may also sell your data (or otherwise pass it on) to selected third parties who may receive it as part of products or services which we offer and/or otherwise use it to contact you by post, telephone, email, SMS or other reasonable method in relation to offers they feel might interest you, whether or not we enter into an agreement with you.
By clicking the “I Accept” box, you hereby agree that we may disclose your personal information:
• in the event we sell or buy any business or assets (in which case we may disclose your personal information to the prospective seller or buyer of such a business or assets)
• if our 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)
• if we have a duty to disclose your personal information in order to comply with a legal request, or in order to enforce any of our terms and conditions
• where we are in law allowed to do so
• in relation to the implementation, administration and/or enforcement of any agreement entered into with us.
Right to request access to your personal information
are entitled to request access to your information at a prescribed fee and to request that inaccurate, irrelevant, excessive, outdated, misleading or unlawfully obtained information be corrected.
Because we work with some carefully selected partners outside of South Africa, in order to offer you our services, we may also need to transfer your personal information abroad, to countries whose data protection laws are less strict than in South Africa. If and whenever this is the case, we will ensure the information is held securely to standards as least as good as those in South Africa and is only used for the purposes set out in this policy.
Contact from FASTA and third parties
As part of the application process, we ask you whether we or any of our partners may contact you about our products and services by telephone, post, email and SMS (or other reasonable method). If you ticked “yes” but no longer wish to receive such communications, please visit the relevant page, login and change your communication preference at any time, or follow the instructions in the message itself.
You may also register on the National “Opt Out” register of the Direct Marketing Association of South Africa by going to their website.
We may transfer your personal information to selected third parties (see “Selling and disclosing your data to third parties” above). If at any time you wish to stop receiving such contact from a third party, you will need to follow the instructions about unsubscribing provided at that time by the third party. Please note that we only partner with trusted companies who will respect your right to unsubscribe from any such marketing communications, but we will not be responsible for managing that process or any disputes.
Third party links
To register with us you must be 18-years of age or older. Minors are strictly forbidden from using our services.