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Privacy Policy

Regulated by:  Financial Sector Conduct Authority (FSCA) and National Credit Regulator (NCR)

Governing Law:  Republic of South Africa — National Credit Act No. 34 of 2005 (NCA)

Data Protection:  Protection of Personal Information Act 4 of 2013 (POPIA)

AML/CTF:  Financial Intelligence Centre Act 38 of 2001 (FICA)

We respect your privacy and the confidentiality of your personal information. This Privacy Policy explains what personal information we collect, how we use, share, store and protect it, and the rights you have over your information under the Protection of Personal Information Act, 2013 (“POPIA”).


About Us‍

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Fido Credit SA (Pty) Ltd (“Fido Credit SA”, “we”, “us” or “our”) is a private company duly incorporated in the Republic of South Africa (company registration number 2022/616019/07). Fido Credit SA is a registered credit provider with the National Credit Regulator under registration number NCRCP16693, and provides short-term lending products and related services through its mobile application (“Fido App”) and website at https://za.fido.money (“Website”). This Privacy Policy applies to all personal information collected through the Fido App, the Website and any related Fido Credit SA service (together, the “Services”).

For purposes of POPIA, Fido Credit SA is the “Responsible Party” in respect of the personal information processed under this Policy.
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Definitions

“Personal Information” has the meaning given in section 1 of POPIA and includes any information relating to an identifiable, living natural person and, where applicable, an identifiable, existing juristic person.

“Processing” means any operation or activity concerning personal information, including its collection, storage, use, dissemination and destruction.

“Data Subject” / “User” / “you” means the natural person to whom personal information relates.

“Special Personal Information” means information relating to the categories listed in section 26 of POPIA (e.g., race, health, biometrics, criminal behaviour).

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Your Consent and Lawful Basis for Processing

By creating an account, downloading or using the Fido App, accessing the Website, or applying for or using any of the Services, you consent to the processing of your personal information as described in this Policy. Where you give us special personal information (for example, biometric data captured during identity verification), your consent is given expressly through the relevant Fido App screens.

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In addition to your consent, we may process your personal information on the following lawful bases under POPIA: (i) to conclude or perform a contract with you (e.g., a credit agreement); (ii) to comply with a legal obligation (e.g., the Financial Intelligence Centre Act, the National Credit Act and tax legislation); (iii) to protect a legitimate interest of yours; or (iv) to pursue our or a third party’s legitimate interests, including assessing creditworthiness and preventing fraud.

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Information We Collect

We collect personal information that is reasonable and necessary to provide and operate the Services. This includes:

(a) Information you provide to us directly, including: your full names, South African identity number, date of birth, gender, contact details (mobile number, email address, residential and postal addresses), employment and income information, banking details, KYC documentation (including your South African ID and a selfie/biometric image captured during identity verification), and any information you provide when communicating with us or applying for, using or repaying our products.

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(b) Information collected automatically through the Fido App and the Website, including: device information (device model, operating system, language settings, unique device identifiers, network and mobile-network-operator information), log and usage data, IP address, location data (including GPS coordinates and network-based location), and mobile data accessible from your device, to the extent that you grant the relevant device permissions.

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(c) Information collected from third-party sources, including: registered South African credit bureaus (including TransUnion and other bureaus registered with the National Credit Regulator), public databases, identity verification and fraud-prevention service providers, the Department of Home Affairs identification database (via authorised verification services), and (with your consent) social network accounts and other third-party data providers.

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(d) Bank account and transaction information, obtained via truID, a licensed open-finance service provider engaged by Fido Credit SA. When you authorise us to access your bank statements, truID securely retrieves transactional data from your nominated bank account on your behalf and shares it with Fido Credit SA. We use this data exclusively for affordability assessment, credit decisioning and fraud prevention, and we do not store your online banking credentials. truID processes your information in accordance with its own privacy terms, available at https://www.truid.co.za.

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We rely on the third parties referred to above being legally and contractually bound to lawfully disclose personal information to us.

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Mobile App Permissions

The Fido App will ask you to grant certain device permissions before it can use information stored on or accessible from your device. You may grant or refuse these permissions through your device settings, and you may withdraw a permission at any time, although doing so may limit the functionality of the Services. The principal permissions are:

  • Location (GPS / network): to help verify the address you provide, detect anomalous applications, prevent fraud and comply with anti-money-laundering obligations.
  • Mobile data: to access information stored on or accessible from your device for the purposes of identity verification, risk and affordability assessment and fraud prevention.
  • Camera, photos and media: to capture your South African ID document and selfie during the KYC and biometric identity-verification process.
  • Device information / phone: to collect device identifiers used for fraud prevention, account security and analytics.

Special Personal Information and Information about Children

We do not intentionally collect Special Personal Information except where it is necessary and lawful to do so — for example, biometric data (your photograph and selfie) processed for identity verification — and only with your express consent or where authorised under section 27 of POPIA.

Our Services are not directed at, and we do not knowingly process personal information of, persons under the age of 18 years. If we become aware that we have inadvertently collected personal information of a child contrary to POPIA, we will delete it.

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How We Use Your Personal Information

We process your personal information for the following purposes:

  • To verify your identity and comply with our KYC, FICA and other anti-money-laundering obligations.
  • To assess your creditworthiness and affordability, including by checking with credit bureaus, scoring and decisioning.
  • To enter into and perform credit agreements with you, including disbursing funds, collecting repayments and managing your account.
  • To detect, prevent and investigate fraud, money laundering and other unlawful conduct.
  • To provide customer support and to send service-related communications (e.g., account, repayment, OTP and system-alert messages).
  • To improve our products, services and User experience, and to conduct research and analytics.
  • To meet our legal, regulatory and reporting obligations (including reporting to credit bureaus and the National Credit Regulator).
  • To enforce or defend our legal rights, including in legal proceedings.
  • For direct marketing, subject to the Direct Marketing section below.

Automated Decision-Making

In order to decide whether to extend credit to you and on what terms, we use automated decisioning systems that score your application against credit and affordability criteria. You have the right under section 71 of POPIA to: (i) be informed that an automated decision has been taken; (ii) request the underlying logic or reasoning behind it; and (iii) request that the decision be reviewed by a person. To exercise this right, contact our Information Officer using the details at the end of this Policy.

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Sharing and Disclosure

We may share your personal information, on a need-to-know basis, with the following categories of recipient:

  • Our associates and affiliates, and our directors, officers and employees.
  • Our service providers, suppliers, contractors and agents — including hosting providers, identity-verification and KYC services, the open-finance provider used for bank-statement collection, fraud-prevention services, debit-order and payment providers, communication and notification providers, and collections agents.
  • Registered credit bureaus (including TransUnion) for the purposes of credit assessment, reporting and ongoing monitoring as required by the National Credit Act, 2005.
  • The National Credit Regulator, the South African Reserve Bank, the Financial Sector Conduct Authority, the Information Regulator, the South African Revenue Service, the Financial Intelligence Centre and other regulators, courts, law-enforcement agencies and government bodies, where required by law or in response to a lawful request.
  • Any party in connection with the actual or proposed sale, merger, restructuring or acquisition of all or part of our business.
  • Persons acting on your behalf, payment recipients, beneficiaries, account nominees, intermediaries, correspondent and agent banks.

We require our Operators (third parties processing personal information on our behalf) to enter into written agreements obliging them to maintain the confidentiality and security of the personal information they process for us, consistent with POPIA.

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Cross-Border Transfers

We store and process personal information within the Republic of South Africa. We will not transfer your personal information outside South Africa other than in accordance with section 72 of POPIA — that is, where: (i) the recipient is subject to a law, binding corporate rules or a binding agreement that provides an adequate level of protection; (ii) you have consented to the transfer; (iii) the transfer is necessary for the performance of a contract with you or for implementing pre-contractual measures taken in response to your request; (iv) the transfer is necessary for the conclusion or performance of a contract concluded in your interest with a third party; or (v) the transfer is for your benefit and it is not reasonably practicable to obtain your consent.

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Direct Marketing

We will only send you direct marketing communications by electronic means (email, SMS, push notification or automated call) where you have consented to receive them, or where you are an existing customer and we are marketing similar Fido Credit SA products to those you have previously taken from us, in accordance with section 69 of POPIA. You may opt out of direct marketing at any time and at no cost by following the unsubscribe instructions in the communication, updating your preferences in the Fido App, or contacting our Information Officer.

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Security Safeguards

We take appropriate, reasonable technical and organisational measures to protect the personal information we hold against loss, damage, unauthorised access, disclosure, alteration and destruction, as required by section 19 of POPIA. These measures include access controls, encryption of personal information in transit and (where appropriate) at rest, network security, monitoring and logging, staff training and confidentiality undertakings. Personal information transmitted between the Fido App and our servers is protected by industry-standard transport-layer encryption.

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If we have reasonable grounds to believe that your personal information has been accessed or acquired by an unauthorised person, we will notify you and the Information Regulator as required by section 22 of POPIA.

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Your Rights as a Data Subject

Subject to POPIA, you have the right to:

  • Be notified that your personal information is being collected and, in certain circumstances, that it has been accessed or acquired by an unauthorised person.
  • Request confirmation of and access to the personal information we hold about you.
  • Request correction or deletion of personal information that is inaccurate, irrelevant, excessive, out of date, misleading or obtained unlawfully, or that we are no longer authorised to retain.
  • Object, on reasonable grounds, to the processing of your personal information, including by withdrawing any consent you have given (subject to the legal and contractual implications of doing so).
  • Object to processing of your personal information for purposes of direct marketing.
  • Not be subject to a decision which results in legal consequences for you, or which affects you to a substantial degree, and which is based solely on automated processing, except as permitted by POPIA.
  • Lodge a complaint with the Information Regulator (see the Complaints section below).
  • Institute civil proceedings for breach of POPIA.

To exercise these rights, please contact our Information Officer using the details below. We may verify your identity before responding to a request and may charge a prescribed fee for access requests, in accordance with the Promotion of Access to Information Act, 2000 (PAIA). Forms used to exercise these rights (POPIA Form 1, Form 2 and Form 4) are available on the Information Regulator’s website.

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Retention of Personal Information

We retain your personal information only for as long as is necessary to fulfil the purposes for which it was collected and to comply with our legal, regulatory and contractual obligations. In particular:

  • Records relating to credit applications and credit agreements are retained for a minimum period of three (3) years from the date of the last entry, in accordance with the National Credit Act, 2005 and its regulations.
  • Records required under the Financial Intelligence Centre Act, 2001 are retained for a minimum of five (5) years from the date of termination of the business relationship or transaction.
  • Tax-related records are retained for the period required by the Tax Administration Act, 2011 (generally five (5) years).

Where we have no legitimate ongoing purpose or legal need to retain your personal information, we will securely delete or de-identify it.

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Cookies

The Website uses cookies and similar technologies. Please refer to our Cookie Policy for details about the cookies used and how to manage them.

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Changes to this Policy

We may amend this Policy from time to time. The current version will at all times be available on the Website and in the Fido App. We will notify you of any material change before it takes effect, and your continued use of the Services after the effective date constitutes acceptance of the amended Policy.

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Complaints

If you believe we have processed your personal information in a manner inconsistent with POPIA or this Policy, please raise the matter with our Information Officer first so that we have the opportunity to resolve it. If you are not satisfied, you may lodge a complaint with the Information Regulator at:

The Information Regulator (South Africa)

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001

Email: POPIAComplaints@inforegulator.org.za

Website: https://inforegulator.org.za

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Contact Us

For all data-protection queries, requests to exercise your rights, or complaints under this Policy, please contact us:
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Fido Credit SA (Pty) Ltd

Attention: Information Officer

45 Durham Street

Fairmount

Johannesburg

2192
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Email: compliance-za@fidocredit.com
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Note: In terms of section 56 of POPIA, the head of a private body is automatically the Information Officer. Fido Credit SA is in the process of formally appointing and registering an Information Officer with the Information Regulator. In the interim, queries may be directed to the contact details above and will be handled by the head of the private body or their delegate.
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Fido Credit SA (Pty) Ltd — registered credit provider NCRCP16693
South Africa (English)