Mandates obtained by the Consumer
By accepting the Terms and Conditions, the user hereby confirms the following:
- That it is a requirement for the user and/or the Debt Counselling firm to obtain consent from the Consumer prior to requesting a Consumer Credit Information report from Hirodox (Pty) ltd t/a iBureau, a registered NCR Credit Bureau with registration number CB43;
- That It is further a requirement in in terms of the National Credit Act to (1) verify the identity of the consumer and (2) obtain consent from the Consumer to obtain their Consumer Credit Information prior to requesting the information;
- That the Consumer must further provide consent if it is required to verify their information at the Department of Home Affairs (HANIS);
- That the Credit Check information will only be displayed to the Consumer and user only after some personal verifications tests were conducted (in the event that the Consumer cell phone number have not matched the number on the payment profile credit bureau used);
- That the purpose of requesting the Consumer Credit Information was explained to the Consumer and will only be obtained for the relevant prescribed purpose namely “Consumer Enquiry”;
- That the telephonic consent for the prescribed purpose was obtained prior to requesting the Consumer Credit Information and after the user have verified the Identity of the Consumer;
- That all consents provided (voice or written mandates in both hard copy or digital format) by the Consumer must be stored by the Debt Counselling practise for a period of 5 years from the date of the request and readily available once required by iBureau and / or the payment profile credit bureau;
- That failure to provide iBureau / payment profile credit bureau with the required mandates may lead to the suspension of services and could also lead to severe penalties and civil cases against the user and Debt Counselling practise if found to be non-compliant;
- That the Consumer and user furthermore acknowledge that the Consumer Credit Information could only be stored for a maximum period of 72 hours on the applicable system, where-after the information will be deleted from the applicable platform;
- That by approving the terms and conditions, a transaction fee will be charged at rated negotiated with the Debt Counselling practise owner, payable to iBureau for every Credit Enquiry performed.
Data Use Agreement (“Data Agreement”)
This Data Agreement forms part of an agreement for the provision of Services ("Subscriber Agreement") undertaken between us and you. Where applicable, your continued use of the information shall constitute deemed acceptance of the terms of this Data Agreement.
1. Definitions
In this Data Agreement the following words or phrases shall have the meanings as set out below:
1.1. “Act” means the National Credit Act, 34 of 2005 and any regulations made thereto (as amended from time to time);
1.2. “Consumer Credit Information” shall bear the meaning as set out in section 70(1)(a) – (d) of the Act, Regulation 18(6), and shall include the consumer information supplied as part of the Services as well as the meaning that has been assigned to it in terms hereof;
1.3. “Credit Regulatory Framework” means all legislation and law applicable to credit bureaux, credit providers, consumer credit information, consumer and personal information and contactability information including the Act, Regulations and requirements of the Credit Bureau Association, Credit Ombud, the South African Credit and Risk Reporting Association as well as the Protection of Personal Information Act and any other legislation that may be enacted in future;
1.4. “Intellectual Property” includes without limitation, all trademarks, service marks (whether registered or unregistered), copyright (including all copyright in and to the website and the database and all computer programmes associated therewith), patents, know-how, confidential information including methods, manuals, specifications, technical information and data relating to the Services application and to the Payment Profile Credit Bureau and other proprietary rights whether existing now or in the future throughout the world and specifically includes the scoring variables, scoring processes, and the look and feel, design and lay-out of the Reports;
1.5. “Payment Profile Credit Bureau” means the registered credit bureaux who are authorised by the NCR to retain Payment Profile Information and other Consumer Credit Information on its database, from whom we obtain our Consumer Credit Information for the purpose of on-selling it to you. This includes, but is not limited to TransUnion, Experian, XDS, CPB and VeriCredit;
1.6. “Payment Profile Information” means the payment history and financial information relating to a debt or credit transaction, including relevant payment dates, both negative and positive information and/or signs depicting action taken in respect of such debt or credit transaction;
1.7. “Prescribed Purpose” means the specified purpose for which you are entitled to use the Consumer Credit Information as allowed for in Regulation 18(4), 23A and the Credit Regulatory Framework as well as the purpose for which you may use the Consumer Credit Information requested. Please refer to Schedule A for a list of the prescribed purposes supported by the RCB;
1.8. “RCB” means the Reseller Credit Bureau, which is Hirodox (Pty)ltd t/a Ibureau Services, a registered reseller credit bureau with the NCR with NCR registration number NCRCB43, also referred to “us”, “our” or “we” in this agreement.
1.9. “Reports” is the credit report provided you in terms of the Services;
1.10. “Services” means the on-line service in terms of which Consumer Credit Information that has been collected from the Payment Profile Credit Bureaux is made available to you through your website, interfaces, applications or similar platforms relating to the credit worthiness of a consumer;
1.11. “Subscriber” means you or the entity that you work for which entered into a Subscriber Agreement with the RCB in which the RCB renders services to the Subscriber as described herein.
2. Your access to and use of the Consumer Credit Information
2.1 Data access and use.
2.1.1. You will access and use the Consumer Credit Information only as permitted in terms of the Credit Regulatory Framework and with the consumer’s consent where required;
2.1.2. You will comply with all legislation applicable to your business, specifically the Credit Regulatory Framework;
2.1.3. You will use Consumer Credit Information for a Prescribed Purpose or such other purpose that may be permitted in terms of the Credit Regulatory Framework;
2.1.4. Prior to requesting and accessing Consumer Credit Information, including accessing the information for the purpose of risk assessment and sharing payment profiles with credit providers, you will comply with the requirements of the Credit Regulatory Framework, specifically obtaining Consent from the Consumer as and when required;
2.1.5. You will ensure that you obtain the necessary Consent from the Consumer when required;
2.1.6. You will adhere to all the relevant sections of the Act, together with any Regulations issued in terms thereof, where you are provided with any data in terms of this Agreement for the purpose of providing Debt Counselling services;
2.1.7. You will comply and implement the regulatory requirements in terms of all relevant legislation (including the Credit Regulatory Framework), as and when amended and enacted;
2.1.8. You further agree to co-operate with us and the Payment Profile Credit Bureaux to assist us and them to meet the requirements of the Credit Regulatory;
2.1.9. You explicitly confirm that you will not access any Consumer Credit Information for the purpose of marketing to consumers;
2.1.10. If you are a consumer and the report is provided directly to you, you hereby consent that we may obtain the report on your behalf and deliver it directly to you in the manner and form authorised by you, which may include to email, SMS or WhatsApp the report directly to you or to provide you with access to our online platform where you may obtain your report.
2.2 No re-selling. You will not on-sell any Consumer Credit Information to any third party.
2.3 Access to Payment Profile Information. Where you or the Subscriber is a person as set out in Regulation 18(7)(b) to (g) of the Act and require access to a Report containing Payment Profile Information, you hereby confirm that you comply with the Guideline issued to credit bureaux and credit providers in accordance with Regulation 19(13), in that you provide the Payment Profile Information in your possession to the Payment Profile Credit Bureaux through the South African Credit and Risk Reporting Association’s Data Transmission Hub.
2.4 Data disputes. We are a registered RCB and a data subscriber of a Payment Profile Credit Bureau Therefore, if any of the information contained in the credit report is incorrect, outdated or unfair, you may log a dispute with the Payment Profile Credit Bureau via their website or call centre, which information is provided on the credit report.
2.4.1. When you contact their call centre, you will be supplied with a reference number. You will be requested to submit certain documentation to verify your identity and in support of your dispute.
2.4.2. Allow 20 business days for the Payment Profile Credit Bureau to resolve your dispute or query. During this time, they will contact the supplier of the disputed data for further information and evidence relating to the data. The information being disputed will be removed from display during the 20-business day investigation period. If, at the end of this period, the Payment Profile Credit Bureau does not receive credible evidence from the supplier to support the data, the dispute will be resolved in your favour.
2.4.3. If you are dissatisfied with the outcome, please contact the Credit Ombud on either 086 166 2837, [email protected] or at www.creditombud.org.za for further assistance, bearing in mind that their services are free to consumers. Remember to provide your dispute reference number in order for the Credit Ombud to assist you.
2.4.4. You may only also contact the National Credit Regulator on 087 234 7822 or [email protected] should you have any further complaints.
2.5. Completeness of data. We obtain the Consumer Credit Information from a Payment Profile Credit Bureau registered with the NCR and cannot and do not guarantee the accuracy or completeness of the Services and Consumer Credit Information. You accordingly acknowledge that you are responsible for the risk with respect to the quality and performance and reliance that you place on the Consumer Credit Information and you shall further bear all risk in connection with your use of the Services.
2.6. Errors. The service may contain technical and typographic errors and you acknowledge that neither us, our third-party suppliers or agents, nor the Payment Profile Credit Bureau shall be liable for any liability for errors or omissions with respect to the Services, regardless of the cause or the source of such error or omission.
2.7. Changes to content. You acknowledge and agree that as the Services are continually being amended and updated by us, we may from time to time, and in our sole discretion, change the content or the format of the Services and the location of delivery, in order to improve its operation and efficiency.
2.8. Security. We and the Payment Profile Credit Bureaux will utilise our best efforts to maintain the security of the database. You acknowledge and agree that no damages can be attributed to us or the Payment Profile Credit Bureaux by virtue of a breach of security on applications provided by us or them. You further agree to comply with and shall ensure that all your employees, representatives, sub-contractors and agents abide by our policies, processes and standards in force from time to time, provided that such policies have been made available to you. The parties shall immediately bring to the attention of the other party any breach or attempted breach of security of which it becomes aware.
2.9. Services. It is your responsibility, at your own cost to maintain the data and telecommunications lines for purposes of receiving and accessing the Consumer Credit Information.
2.10. Data retention. You acknowledge and take notice that we are only allowed to retain the Consumer Credit Information on our servers and databases for a maximum of 72 hours, after which it will be deleted. Where available, we will be able to retain a reference number of the Report which can be requested again from the Payment Profile Credit Bureaux, which may incur additional costs. We therefore recommend, which recommendation you accept, that you download and retain the report on your own computer or similar device should you require to access the report again.
2.11. Data transfers. You may only transfer Consumer Credit Information to persons who are authorised to receive, view and/or access the Consumer Credit Information. You are specifically prohibited from transferring the Consumer Credit Information to any unauthorised person. Should you abuse your access to the Consumer Credit Information we may immediately revoke your access to the Consumer Credit Information.
2.12. Compliance assessment.
2.12.1. We or our authorised representative, reserves the right to perform regular compliance assessments, pertaining to all Consumer Credit Information provided by us to you, on our systems, procedures and contracts in so far as compliance with the terms of this Agreement is concerned.
2.12.2. We shall be entitled to conduct a compliance assessment, either off-site or at your premises to determine whether you conform to the restrictions governing the use of the Consumer Credit Information, whether you use the Services for a lawful purpose, whether you have the necessary Consent and whether you comply with its duties in terms of this Data Agreement and the Credit Regulatory Framework.
2.12.3. You undertake to, within 1 (one) month of acceptance of this Data Agreement to implement an effective audit trail for each and every transaction in respect of the Services and will make such audit trail available to us within 14 (fourteen) days upon request thereof from us.
2.13. Employment certifications. Where you access the Consumer Credit Information for the purpose of considering a candidate for employment in a position that requires honesty in dealing with cash or finances, you hereby warrant, agree and certify to us that:
2.13.1. You are in the service of the Subscriber and the facts contained herein, are within your direct and personal knowledge.
2.13.2. You and the Subscriber complies with the provisions and regulations of the NCA applicable to its activities and have been complying with it since it was amended and/or inserted into the NCA.
2.13.3. You and the Subscriber certifies that it will access the information from us as stipulated in this Data Agreement.
2.13.4. Specifically, where it relates to the prescribed purpose of considering a candidate for employment in a position that requires honesty in dealing with cash or finances:
2.13.4.1. You and the Subscriber hereby certifies that it obtains the required consumer consent (which may be electronically), before the credit records are requested from us (Regulation 18(5)) and that you will provide us with such consent prior to accessing the consumer’s credit profile; and
2.13.4.2. For any and all requests for consumer credit records for the prescribed purpose as set out in Regulation 18(4)(c) from us, you and the Subscriber hereby further certifies that the position relates to a position requiring honesty in dealing with (i) Cash or (ii) Finances and that the job descriptions of such positions are clearly outlined by the Subscriber (Regulation 19(12)) and that you will provide us with such job description prior to accessing the consumer’s credit profile.
2.13.5. You further agree that we may make inquiries to confirm any information provided by you and that we may verify the information and obtain additional information from any registered credit bureau, which may include us to request you or the Subscriber to provide us with the consumer consent, this certification and the job description of the position the consumer applied for within a reasonable time.
2.13.6 You lastly warrant that all information supplied to us is to the best of your knowledge true and correct, that you are not aware of any other information that would affect the credit application of the consumer in any way and that you are authorised to accept this terms and conditions.
3. Indemnity
3.1. You acknowledge that you have knowledge of the relevant statutory requirements applicable to the Consumer Credit Information and the Services and that you agree to comply therewith and to perform your duties and responsibilities as set out in this Data Agreement:
3.1.1. You agree to protect, defend, indemnify and hold harmless us and all our subsidiaries, holding company, officers, employees, agents and representatives, including those of the Payment Profile Credit Bureaux against all actual or contingent liabilities, damage, losses, demands, legal proceedings, costs, fees, compensations, expenses and claims whatsoever arising out of, or resulting from, or in connection with claims by regulators, governmental authorities, or others for non-compliance by you of any legislations, regulation or code, provided that compliance was required in terms thereof.
3.1.2. Without limiting the aforegoing, you further indemnify and hold us and the Payment Profile Credit Bureau harmless from and against any damage, losses and liabilities howsoever suffered as a result of:
3.1.2.1. You breaching any obligations or warranties made by us or the Payment Profile Credit Bureau;
3.1.2.2. Any breach of the terms of this Data Agreement by you and/or your employees, and specifically any contravention of the clauses pertaining to your access and use of the Consumer Credit Information; and
3.1.2.3. Release of the Consumer Credit Information to a third party.
3.2. You hereby indemnify us and/or the Payment Profile Credit Bureaux against any and all liability arising from:
3.2.1. The use and disclosure of Information procured from us and/or the Payment Profile Credit Bureaux;
3.2.2. Non-compliance of all and any applicable legislation or other requirements imposed by any statutory body, including the rules of the Credit Regulatory Framework;
3.2.3. The misuse or negligent use of the Consumer Credit Information procured from us and/or the Payment Profile Credit Bureaux outside of the Prescribed Purpose.
3.3. We indemnify and hold you harmless against liability to a third party arising from the gross negligence of us and/or which relates to a violation by us of any third party’s intellectual property arising as a result of the provision of the Services.
4. Intellectual Property Rights
4.1. The Parties agree that all Intellectual Property belonging to a party prior to entering into this Data Agreement shall remain vested in that Party.
4.2. You expressly acknowledge that:
4.2.1. The Intellectual Property rights belong to us or the Payment Profile Credit Bureaux and/or its licensors and agents and include any applications or renewals of such rights and are protected by intellectual property laws;
4.2.2. The compilation of such Intellectual Property is also the exclusive property of us or the Payment Profile Credit Bureaux, as the case may be, and is likewise protected by South African and international copyright laws. The name of the Payment Profile Credit Bureau and the Payment Profile Credit Bureau’s logo are registered trademarks of the Payment Profile Credit Bureau and its affiliated companies and may not be used in any manner without the Payment Profile Credit Bureau’s permission; and
4.2.3. The Intellectual Property rights remain the exclusive property of the Payment Profile Credit Bureau and nothing in this Agreement intends to transfer any intellectual property rights to you.
4.3. You accordingly agree to:
4.3.1. Take reasonable precautions to avoid unauthorised access to the deliverables or distribution of the Consumer Credit Information;
4.3.2. Protect the copyright and/or any other proprietary rights of us and the Payment Profile Credit Bureaux including, but not limited to, any contractual and common law rights during and after the term of this Data Agreement;
4.3.3. Comply with all reasonable requests made by us or the Payment Profile Credit Bureaux to protect its rights and Intellectual Property; and
4.3.4. Not remove, alter, cover or obscure any confidentiality, trade secret, proprietary or other copyright notices, trademarks or other proprietary or identifying marks or designations from any component of deliverables, nor permit others to take any of the aforesaid actions.
5. Limitation of Liability
5.1. We, our shareholders, consultants and employees will not be liable for any damages sustained by you, including indirect, incidental, special, consequential or punitive damages. Without affecting the aforegoing, we shall not be liable, and hereby disclaim all liability for:
5.1.1. Any interruption, malfunction, downtime or other failure of the Services for whatever reason;
5.1.2. Any interruption, malfunction, downtime or other failure of the goods or services provided by third parties, including, without limitation, Telkom, Internet service providers, Eskom and other electricity suppliers or local authorities; or
5.1.3. An event of force majeure or any other event over which we have no direct control.
5.2. We shall not be liable, and hereby disclaim all liability for the accuracy of the Consumer Credit Information.
5.3. Nothing in this Data Agreement shall be construed as us providing you or any third party with a guarantee against loss, liability, injury or damages. To the maximum extent permitted by applicable law we disclaim all other guarantees and conditions not expressly given.
5.4. Notwithstanding the provisions of this clause, in the event that we are found to be liable to you for any amount, our liability shall not exceed those amounts paid by you to us in terms of the Subscriber Agreement for the specific services during a period of 3 (three) months preceding the instance from which such liability arose.
5.5. It is further expressly recorded that we shall not be liable for any prosecution of you in the event that it makes use of the Consumer Credit Information in contravention of any applicable law.
6. Compliance
6.1. You shall, in connection with the use of the Consumer Credit Information, comply with all legislation, regulations, and other rules having equivalent force and which are applicable to it, including the Protection of Personal Information Act. To the extent that the information comprises of personal and/or confidential information specifically protected by any law, you warrant that you will not use or process that information in any manner that would have the effect of breaching the legal rights of the person to whom it relates. You agree to assist us and the Payment Profile Credit Bureaux with any investigations regarding adherence to the requirements of this Data Agreement and will supply all reasonable requested information within 2 business days or such time agreed to between the parties.
7. Termination
7.1. This Data Agreement shall terminate on expiry of the Subscriber Agreement. Termination of this Data Agreement (or of any element of it) shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect beyond termination.
8. General
8.1. You may not cede, assign, transfer, charge, or deal in any other manner with this Data Agreement or any rights pertaining to or afforded in terms of this Data Agreement.
8.2. If any other part of the Subscriber Agreement is found to be invalid or unenforceable by any court, such invalidity or unenforceability shall not affect this Data Agreement and to the furthest extent possible, this Data Agreement shall remain in full force and effect. The provisions of this Data Agreement are severable from each other and should any part be held invalid or unenforceable, the remaining provisions shall continue to have effect.
8.3. If we or the Payment Profile Credit Bureaux fail to exercise a right or remedy that it has or which arises in relation to this Data Agreement, such failure shall not prevent us or them from exercising that right or remedy subsequently in respect of that or any other incident. A waiver of any breach or provision of this Data Agreement shall only be effective if it is made in writing and signed on behalf of the party who is waiving the breach or provision. Any waiver of a breach of any term of this Data Agreement shall not be deemed a waiver of any subsequent breach and shall not affect the enforceability of any other term of this Data Agreement. Variations of this Data Agreement shall not be effective unless recorded in writing and signed by the parties; bearing in mind that variations in electronic form shall not count as variations recorded in writing.
Schedule A
In terms of Section 70(2)(g) consumer credit information may only be reported for prescribed purposes or purposes contemplated in the Act or with consumer consent. Please identify the purpose/s for which your business accesses the data.
