Privacy Policy & Data Protection Notice

1. Introduction & Legal Framework

At Lwandle Finance Solutions (Pty) Ltd ("we", "our", "us"), we are committed to protecting your privacy and personal information. This Privacy Policy is issued in compliance with:

  • Protection of Personal Information Act, 2013 (POPIA) - Act No. 4 of 2013
  • National Credit Act, 2005 (NCA) - Act No. 34 of 2005
  • National Credit Regulator (NCR) - Registration No. NCRCP15641
  • WhatsApp Business API Terms of Service
  • Financial Intelligence Centre Act (FICA) - Act No. 38 of 2001

Information Officer: [Name of Information Officer]
Deputy Information Officer: [Name of Deputy Information Officer]
Registration Number: 2021/377147/07

2. Information We Collect (POPIA Section 13)

2.1 Personal Information (POPIA Section 1)

  • Full names, identity numbers, and passport details
  • Contact information (email address, phone number, physical address)
  • Employment details, income verification, and bank statements
  • Credit bureau information and credit history
  • Banking details and account information
  • Proof of residence and utility bills

2.2 Special Personal Information (POPIA Section 26)

  • Financial information (income, expenses, debt obligations)
  • Employment and business information
  • Banking and transaction history

2.3 WhatsApp Business Communication Data

  • WhatsApp phone numbers and message history
  • Communication preferences and opt-in status
  • Message delivery and read receipts

3. Legal Basis for Processing (POPIA Section 11)

We process your personal information based on the following legal grounds:

  • Contract Performance: To provide loan services and fulfill contractual obligations
  • Legal Obligation: To comply with NCA, FICA, and other financial regulations
  • Legitimate Interest: To prevent fraud, manage risk, and improve services
  • Consent: For marketing communications and WhatsApp notifications
  • Public Interest: To comply with credit reporting requirements

4. How We Use Your Information

4.1 Primary Purposes (NCA Compliance)

  • Assess creditworthiness and affordability (NCA Section 80)
  • Process loan applications and credit agreements
  • Conduct credit checks and risk assessments
  • Manage loan accounts and payment processing
  • Comply with credit reporting obligations

4.2 Secondary Purposes

  • Customer service and account management
  • Fraud prevention and security
  • Regulatory compliance and reporting
  • Service improvement and analytics

4.3 WhatsApp Business Communications

  • Loan application updates and status notifications
  • Payment reminders and due date alerts
  • Account statements and transaction confirmations
  • Customer support and service communications

5. Information Sharing & Third Parties (POPIA Section 20)

We may share your information with the following entities:

5.1 Mandatory Sharing (Legal Requirements)

  • National Credit Regulator (NCR): Credit provider registration and compliance
  • Credit Bureaus: Credit information reporting (NCA Section 70)
  • Financial Intelligence Centre (FIC): Suspicious transaction reporting
  • SARS: Tax compliance and reporting
  • Courts & Legal Authorities: Legal proceedings and debt collection

5.2 Service Providers & Partners

  • WhatsApp Business API: For messaging services (subject to their privacy policy)
  • Banking Partners: Payment processing and account verification
  • Technology Providers: Cloud services and security systems
  • Professional Services: Legal, audit, and compliance services

6. Data Security & Protection (POPIA Section 19)

We implement comprehensive security measures including:

  • End-to-end encryption for sensitive data transmission
  • Multi-factor authentication and access controls
  • Regular security audits and vulnerability assessments
  • Employee training on data protection and POPIA compliance
  • Incident response procedures and breach notification protocols
  • Secure data centers with physical and logical security controls

7. Your Rights Under POPIA (Section 23)

You have the following rights regarding your personal information:

  • Right of Access: Request a copy of your personal information
  • Right of Correction: Request correction of inaccurate information
  • Right of Deletion: Request deletion (subject to legal retention requirements)
  • Right to Object: Object to processing based on legitimate interests
  • Right to Withdraw Consent: Withdraw consent for marketing communications
  • Right to Data Portability: Request data in a portable format
  • Right to Complain: Lodge a complaint with the Information Regulator

8. Data Retention & Disposal (POPIA Section 14)

We retain your information for the following periods:

  • Active Loan Accounts: Duration of loan + 5 years (NCA requirement)
  • Credit Information: 5 years after account closure (NCA Section 70)
  • Financial Records: 5 years (Companies Act requirement)
  • Tax Records: 5 years (SARS requirement)
  • WhatsApp Communications: 2 years (business communication retention)
  • Marketing Consent: Until withdrawn or 3 years (whichever is earlier)

9. WhatsApp Business API Compliance

9.1 WhatsApp Business Terms

  • We use WhatsApp Business API for legitimate business communications only
  • You can opt-out of WhatsApp communications at any time
  • We respect WhatsApp's messaging policies and guidelines
  • Message frequency is limited to essential communications

9.2 Opt-Out Instructions

To opt-out of WhatsApp communications:

  • Reply "STOP" to any WhatsApp message
  • Contact our customer service team
  • Update your communication preferences in your account

10. Cross-Border Data Transfers (POPIA Section 72)

Your personal information is primarily processed within South Africa. Where international transfers occur (e.g., WhatsApp Business API), we ensure adequate protection through:

  • Binding corporate rules and data processing agreements
  • Adequacy decisions by the Information Regulator
  • Standard contractual clauses for data protection
  • Your explicit consent where required

11. Contact Information & Complaints

For privacy-related inquiries or to exercise your rights:

Information Officer: [Name] - support@lwandlefinance.co.za

Deputy Information Officer: [Name] - support@lwandlefinance.co.za

General Inquiries: +27614925143

Information Regulator Complaints

You have the right to lodge a complaint with the Information Regulator:
Website: www.justice.gov.za/inforeg/
Email: complaints.IR@justice.gov.za
Phone: 012 406 4818

12. Updates to This Policy

We may update this Privacy Policy to reflect changes in legislation, business practices, or technology. Significant changes will be communicated through:

  • Email notifications to registered users
  • Website announcements and updates
  • WhatsApp notifications (if opted-in)
  • Physical mail for critical changes

Last Updated: January 2025
Version: 2.0
Next Review: January 2026

Important Notice

This Privacy Policy is a legal document. By using our services, you acknowledge that you have read, understood, and agree to the terms outlined herein. Failure to provide required information may result in the inability to process your loan application or provide services.