PROMOTION OF ACCESS TO INFORMATION ACT, 2000 SECTION 51(1) MANUAL
OF FINHOUND (PTY) LTD Registration No. 2017/434179/07
This manual is published in terms of Section 51(1) of the Promotion of Access to Information Act, Act No.2 of 2000. (“The Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and or protection of any right.
The reference to information in addition to that specifically required in terms of Section 51 of the Act does not create a right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act.
Overview of FinHound (Pty) Ltd
FinHound (Pty) Ltd provides an independent online loan origination platform at www.FinHound.co.za (“the Website”) which allows:
a) Individuals and business owners in South Africa to apply for different types of loans or funding based on their unique profile and requirements;
b) diverse South African lenders to offer their suite of loan and funding products to potential loan-seekers.
FinHound is registered with the FSCA as a financial services provider – registration number 49304. FinHound may provide financial advice and render intermediary services to clients on financial products under a licence.
It further supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.
The scope of this information manual relates to FinHound (Pty) Ltd and all wholly or partially owned subsidiaries and associated juristic persons, hereafter referred to as “FinHound”.
Availability of the manual
The public are able to obtain a copy of this manual on request from the designated contact person.
Designated contact person
Information required by section 51(1) (a) of the Act
Contact person: Jean van der Have
Postal address: 62 Webb Street, Brackenhurst, Alberton, 1452
Physical address: 62 Webb Street, Brackenhurst, Alberton, 1452
Telephone number: +27 83 212 8199
Section 10 guide to the Act
Information required by section 51(1) (b) of the Act. A guide has been compiled, in terms of section 10 of the Act, by the South African Human Rights Commission. It contains information to assist a person wishing to exercise a right, in terms of the Promotion of Access to Information Act, No. 2 of 2002. This guide is available for inspection, inter alia as follows – Contact body: The South African Human Rights Commission Postal address: Private Bag 2700, Houghton 2041 Physical address: PAIA Unit, 29 Princess of Wales Terrace Cnr York and Andrew Street, Parktown Telephone number: +27(11) 484 8300 Facsimile number +27(11) 484 0582 Email address: PAIA@sahrc.org.za The regulations regarding the Act published under Government Notice No. R187 of 15 February 2002 set forth how the South African Human Rights Commission should make the guide available. Requests for access to records held by FinHound must be made on the request forms that are available for download in the SAHRC website or the Department of Justice and Constitutional Development, to be found under “regulations”.
A request for information will only be processed once the prescribed fee as contained in the schedule of fees to be found on www.sahrc.org.za has been paid.
The requestor will be required to provide sufficient detail on the request form to enable the Information Officer to identify the requestor and the record requested. The requestor will be required to indicate which form of access is required and how he or she wishes to be contacted and or provided with the requested access, stating the necessary particulars to be so contacted.
The requestor will be required to identify the right that he or she is seeking to exercise or protect, together with an explanation as to why the requested record is required to exercise or protect the stated right.
In the event of the a request being made on behalf of another person, the requestor will be required to submit proof of the capacity in which the request is being made, to the satisfaction of the Information Officer. Requests for information is made through the use of Annexure C. Failing to utilise this form could cause the request for information to be refused or delayed.
All requests directed at the Information Officer will be evaluated and considered in accordance with the Act. The Publication of this manual and the contents thereof does not give rise to any rights to access the information or records as described herein, except as provided for in the Act.
FinHound has not published a voluntary notice in terms of Section 52(2) of the Act. It should be noted that certain information in the form of marketing brochures, advertising material and other public communication could be made available from time to time.
Records available in accordance with other legislation
Records are held in accordance with the following legislation –
8.1 Electronic Communications and Transactions Act, 2002
8.2 Income Tax Act, 1962
8.3 Insider Trading Act, 1998
8.4 National Credit Act, 2005
8.5 Stamp Duties Act, 1968 (repealed)
8.6 Statistics Act, 1999
8.7 Value-Added Tax Act, 1991
8.8 Basic Conditions of Employment Act, 1997
8.9 Compensation for Occupational Injuries and Diseases Act
8.10 Employment Equity Act, 1998
8.11 Labour Relations Act, 1995
8.12 Occupational Health and Safety Act, 1993
8.13 Skills Development Act, 1998
8.14 Skills Development Levies Act, 1999
8.15 Unemployment Insurance Act, 2001
8.16 Unemployment Insurance Contributions Act, 2002
8.17 Broad Based Black Economic Empowerment Act, 2003
8.18 Companies Act, 1973
8.19 Companies Act, 2008
8.20 Consumer Affairs Act (Unfair Business Practices) Act, 1988
8.21 Consumer Protection Act, 2008 • Consumer Affairs Reports
8.22 Copyright Act, 1978
8.23 Trade Marks Act, 1993
8.24 Financial Intelligence Centre Act, 2001
8.25 Financial Advisory and Intermediary Services Act, 2002
In addition, information will be made available to government regulators as and when required by legislation specific to FinHound.
Subjects and categories of record
The following subjects and categories of records are held by FinHound–
9.1 Corporate governance:
These records refer to FinHound’s own affairs and that of its divisions, subsidiary and associated companies, if such exists:
9.1.1 Codes of conduct
9.1.2 Directors’ minutes and records
9.1.3 Legal compliance
9.1.4 Policies and procedures
9.1.5 Remuneration Committee minutes and records
9.1.6 Risk management reports
9.1.7 Shareholder agreements
9.2.1 Accounting records
9.2.2 Annual financial statements
9.2.3 Banking records
9.2.4 Business contracts
9.2.5 Credit bureau records
9.2.6 General correspondence
9.2.7 Internal control reports
9.2.8 Invoices, credit notes, statements etc.
9.2.9 Management accounts
9.2.10 Property leases
9.2.11 Proposal and tended documents
9.2.12 SA Reserve Bank returns and correspondence
9.2.13 Statistic SA returns and correspondence
9.2.14 Statutory records
9.2.15 Tax returns and SARS correspondence
9.3 Human resources
Personnel refer to any person who works for or provides services to or on behalf of FinHound and receives or is entitled to receive any remuneration or assist in carrying out or conducting the business of FinHound. This includes without limitation the directors, executive directors, non-executive directors, permanent, temporary or part-time staff, to include contract workers. The records include the following:
9.3.1 Bargaining council records and correspondence
9.3.2 BEE statistics, certificates and audit reports
9.3.3 Disciplinary codes.
9.3.4 Disciplinary records.
9.3.5 Employment Equity reports
9.3.6 Leave records
9.3.7 Letters of employment
9.3.8 Medical aid records
9.3.9 PAYE records and returns
9.3.10 Payroll records
9.3.11 Personnel files and records
9.3.12 Policies and procedures
9.3.13 Retirement benefit records
9.3.14 SDL records and returns
9.3.15 SETA records and correspondence
9.3.16 Staff attendance records
9.3.17 Traineeship contracts
9.3.18 Training material
9.3.19 Training statistics
9.3.20 UIF records and returns
9.3.21 Workman’s Compensation records
9.4 Customer records
We are dedicated to protect the confidential information of our customers. Should any of these records be requested you will be required to carefully motivate such request, having regard to Sections 63 and 67 of the Act, which deals with the protection of third party information. These records include the following:
9.4.1 Any records historically provided by a customer or a third party acting for or on behalf of such customer.
9.4.2 Contractual information.
9.4.3 Customer needs assessments.
9.4.4 Personal records of customers.
9.4.5 Credit information and other research relating to a customer.
9.4.6 Customer evaluation records.
9.4.7 Customer profiling.
9.4.8 Performance research conducted on behalf of customers or about customers.
9.4.9 Records generated by us, pertaining to customers, to include transactional records.
9.5 Information technology
9.5.1 Contracts and agreements
9.5.2 Policies and procedures
9.5.3 Register of software and hardware
9.6 Marketing and business growth
9.6.1 Brand management records
9.6.2 Contracts and agreements
9.6.3 Marketing brochures and advertising records
9.6.4 Marketing strategies
9.6.5 New business development
9.6.6 Proposal and tender documents
Records are kept in respect of other parties, to include, without limitation contractors, suppliers, service providers and general market conditions. Such records which belong to FinHound may be in the possession of other parties. These records include the following:
9.7.1 Patent and trademark records
9.7.2 Service Level Agreements
9.8 Other records.
These records include the following:
9.8.1 Information relating to FinHound’s own commercial activities.
9.8.2 Research carried out on behalf of a client or commissioned by a customer.
9.9 Records in terms of the Companies Act 71 of 2008:
9.9.1 Documents of incorporation.
9.9.2 Minutes of meeting from the Board of Directors.
9.9.3 Records reflecting the appointment of directors, auditor, company secretary, prescribed office, or any other officer in as far as such records are applicable.
9.9.4 Register of shareholders and other statutory registers.
Request for access to records
It is important to note that the successful completion and submission of an access request form does not automatically allow the requester access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within a certain category as specified within Part 3 Chapter 4 of the Act.
If it is reasonably suspected that the requester has obtained access to records through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.
Completion of Access Request Form
• The Access Request Form must be completed;
• Proof of identity is required to authenticate the identity of the requester. Therefore in addition to the access form, requesters will be required to supply a copy of their identification document;
• Type or print in BLOCK LETTERS an answer to every question;
• If a question does not apply, state “N/A” in response to that question;
• If there is nothing to disclose in reply to a particular question state “nil” in response to that question;
• If there is insufficient space on a printed form, additional information may be provided on an additional attached folio; and
• When the use of an additional folio is required, precede each answer with the applicable that title.
Submission of Access Request Form and request fee payable
The completed Access Request form together with a copy of the requester’s identity document must be submitted either via conventional mail, e-mail or fax and must be addressed to the designated contact person as indicated above
An initial, request fee is payable on submission. This fee is not applicable to Personal Requesters referred to in section 54(1) of the Act being any person seeking access to records that contain their personal information.
FinHound will within 30 days of receipt of the request to access records decide whether to grant or decline the request and give notice with reasons (if required) to that effect. The 30 day period within which FinHound has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty days, if the request is for a large volume of information, or the request requires a search for information held at premises other than those of FinHound and the information cannot reasonably be obtained within the original 30 day period. FinHound will notify the requester in writing should an extension be sought.
Request for access to records
The main grounds for refusal of a request for access to records are –
12.1 Mandatory protection of privacy of a third party who is a natural person if its disclosure would involve the unreasonable disclosure of personal information;
12.2 Mandatory protection of the commercial information of a third party if its disclosure contains trade secrets, financial, commercial, scientific or technical information which disclosures could likely cause harm to the financial or commercial interest of that third party or information disclosed in confidence by a third party if the disclosure thereof could reasonably put that third party at a disadvantage in contractual negotiations or in commercial competition;
12.3 Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
12.4 Mandatory protection of the safety of individuals and the protection of property;
12.5 Mandatory protection of records which could be regarded as privileged in legal proceedings;
12.6 The commercial information of FinHound which may include trade secrets, financial, commercial, scientific or technical information which disclosures could likely cause harm to the financial or commercial interest of FinHound, or information, the disclosure thereof could reasonable put FinHound at a disadvantage in contractual negotiations or in commercial competition; and
12.7 Mandatory protection of research information of a third party of FinHound.
Approval of information manual
This information manual has been prepared in accordance with Section 51(1) of the Promotion of Access to Information Act, No 2 of 2000 and is hereby approved.