SOLAR FINANCE COMPANY
Website Terms of Use, Disclaimer and Privacy Notice

SOLAR FINANCE COMPANY Reg No:.
Authorised financial services and registered credit provider (NCRCP16). 31 January 2024

SOLAR FINANCE COMPANY WEBSITE TERMS OF USE, DISCLAIMER AND PRIVACY NOTICE

DEFINITIONS AND INTERPRETATION

“ECT Act” means the Electronic Communications and Transactions Act 25 of 2002

“SFC” means Solar finance Company, registration no (Ewan please add in) acting through its solar finance company;

“User” means any person who enters or uses the Website, notwithstanding the fact that such a person only visited the home page of the Website; and

“Website” means the SFC website located at www.solarfinacecompany.co.za and includes any part orelement thereof.

References herein to the singular include the plural and vice versa.

1. ACCEPTANCE

These terms and conditions of relating to the use of this Website come into effect the first time the User enters the Website and constitutes a valid agreement between SFC and the User;

2. WEBSITE INFORMATION

2.1 Any information on this Website is to give you general information about SFC, our products and services.
2.2 Any online services (“online services) that the User makes use of on the Website will be subject to separate terms and conditions of service and those specific terms and conditions will apply.

3. CHANGES TO THESE TERMS AND CONDITIONS

3.1 SFC, may at any time without prior notice:
3.1.1 change these terms and conditions;
3.1.2 change the content and/or services available from the Website;
3.1.3 discontinue any aspect of the Website or service(s) available from the Website; and/or 3.1.4 change the software and hardware required to access and use the Website.
3.2 The latest version of these terms and conditions apply whenever you visit the Website and the User agrees to read the latest version each time the User accesses this Website.

4. SOFTWARE AND EQUIPMENT

4.1 It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Website and/or download content from this Website.
4.2 To the extent that any software is made available to the User via the Website, the User agrees that the license agreement is between the User and the software licensor and accordingly, the User indemnifies SFC against any loss or damage that the User may suffer as a consequence of any breach of a software license.

5. PRIVACY

SFC shall take all reasonable steps to protect the personal information of Users. See our privacy policy below for more information.

6. HYPERLINKS TO THIRD PARTY SITES

6.1. SFC may provide hyperlinks to websites not controlled by SFC or this Website may link to other websites with information from third parties (target sites) and such links do not imply any endorsement, agreement on or support by SFC for the content of such target sites; and
6.2. SFC does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, security, and performance, content availability, on or through such target sites.

7. LINKING TO WEBSITE

7.1 If any third party wishes to establish any hyperlink, frame, metalags or any similar reference (electronic or otherwise), that person is required to obtain SFC’s prior written consent, which SFC may refuse in its sole and absolute discretion.
7.2 Any application for linking must be sent to sales@solarfinancecompany.co.za
7.3 Any failure to adhere to the provisions of this clause will result in SFC taking immediate legal action against the User and the User agrees to be liable for any costs associated with such legal action, including on an attorney and own client scale.

8. SECURITY

8.1 SFC shall take all reasonable steps to secure the content of the Website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, SFC does not make any warranties or representations that content shall be safe and secure.
8.2 Users may not deliver or attempt to deliver, whether intentionally or negligently, any damaging code, such as computer viruses to the Website or the server and computer network that support the Website.
8.3 Notwithstanding criminal prosecution, Users who deliver any damaging code to the SFC website, whether intentionally or negligently, shall, without any limitation, indemnify and hold SFV harmless against any and all liability, damages and losses SFC and its partners / affiliates may suffer as a result of such damaging code.
8.4 Users may not develop, distribute or use any device to breach or overcome the security measures of the Website and SFC reserves the right to claim damages against the User in relation to a security failure or breach.
8.5 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by SFC and its partners / affiliates.

9. INTERCEPTION OF COMMUNICATIONS

The User will not hold SFC liable for any loss or damage suffered by the User as a result of information being sent over the internet, including email, being intercepted, viewed or amended by unlawful access or monitoring.

10. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

10.1 All intellectual property on the Website, including but not limited to content, logo, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to SFC and as such, are protected from infringement by domestic and international legislation and treaties. All rights to SFC’s intellectual property on the Website are expressly reserved.
10.2 SFC authorizes the User to view content on the Website and copy it onto a computer or other storage device, and the User may print copies of it, provided that such content is used for: use of the online services; for non-commercial purposes; and any reproduction of the content forming part of the Website displaying SFC’s copyright notice.
10.3 SFC does not in any way grant any license or right to use any trademark to the User without SFC’s prior written permission and/or that of third parties. The User may not, without SFC’s prior written consent, use SFC’s intellectual property or that of third parties for any purpose whatsoever.

11. DISCLAIMER AND LIMITATION OF LIABILITY

11.1. SFC shall not be liable for any damage, loss or liability of any nature (including but not limited to, direct, indirect, special, incidental or consequential) incurred by whomever and resulting from:
11.1.1. access to the Website;
11.1.2. access to websites linked to the Website;
11.1.3. inability to access the Website;
11.1.4. inability to access websites linked to the Website;
11.1.5. content available on the Website;
11.1.6. online services available from the Website;
11.1.7. downloads and use of content from the Website; or
11.1.8. any other reason not directly related to SFC’s gross negligence.
11.2. The User agrees that the use of this Website and the online services is entirely at the User’s own risk.
11.3 The Website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself/herself, prior to entering into this agreement with SFC, that the content available from and through the Website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software.
11.4 Nothing on this Website should be construed as solicitation, offer, advice, recommendation, or any other service to acquire or dispose of any financial advice or investment, or to engage in any other financial transaction or investment. The content and/or information contained on this Website are provided for the User’s informational and educational convenience only.
11.5 Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of SFC and Users are encouraged to seek professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
11.6 SFC does not make any warranties or representation that content and services available from the Website will in all cases are true, correct or free from any errors. SFC shall take all reasonable steps to ensure the quality and accuracy of content available from the Website and encourage Users to report incorrect and untrue information subject to the right of SFC to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website.
11.7 SFC does not make any warranties or representations that the Website shall be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond the reasonable control of SFC, including, but not limited to virus infection, unauthorised access, power failure or other “acts of God.”

12. SUSPENDING OR LIMITING THE WEBSITE

SFC may change, restrict access to the Website or online services, suspend or close the Website temporarily or permanently without notice, including limiting certain services, features or functions.

13. CAPACITY TO CONCLUDE AGREEMENT

The User warrants to SFC that it has the necessary legal capacity to enter into and be bound by the terms of use of this Website.
If the User is a minor then the User must obtain the assistance of his/her legal guardian before reading these terms and conditions.

14. ADDRESS OF SFC

SFC, a division of solar supply
General Manager: Group Legal and Risk Services

15. GENERAL

15.1 A certificate signed by SFC will constitute adequate proof of the operation or functionality of the Website or the online services, unless the User proves the contrary
15.2 Any failure by SFC to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
15.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions.
The remaining terms and conditions shall remain enforceable and applicable.
15.4 Headings of the clauses are provided for convenience only and should not be used in the interpretation of these terms of use of the Website.

16. APPLICABLE AND GOVERNING LAW

South African law applies to the terms of use of this Website.

17. LEGAL COSTS

SFC shall not be liable for any costs incurred by Users to obtain professional advice relating to these terms of use of this Website.

18. SFC, A DIVISION OF SOLAR SUPPLY EMAIL DISCLAIMER

This email and any accompanying attachments may contain confidential and proprietary information. This information is private and protected by law and, accordingly, if you are not the intended recipient, you are requested to delete this entire communication immediately and are notified that any disclosure, copying or distribution of or taking any action based on this information is prohibited.
Emails cannot be guaranteed to be secure or free of errors or viruses. The sender does not accept any liability or responsibility for any interception, corruption, destruction, loss, late arrival or incompleteness of or tampering or interference with any of the information contained in this email or for its incorrect delivery or non-delivery for whatsoever reason or for its effect on any electronic device of the recipient.
If this e-mail is not related to the business of SFC, a division of Solar Supply, it is sent by the sender in their individual, non-business capacity and not on behalf of SFC, a division of Solar supply.
If verification of this email or any attachment is required, please request a hard-copy version.

19. DISCLAIMER

SFC accepts no responsibility for any loss or damage of whatsoever nature that maybe caused or brought about, directly or indirectly, by the use if this internet website or reliance on any information contained therein.
While every effort is made to keep information up to date and correct, any interest rates quoted on this site must be confirmed by a SFC branch and the Company does not acceptany liability for reliance placed on quoted rates in the absence of confirmation. Calculators available on the site are intended only to provide an indication of the amounts calculated. Since SFC has no control over the information and variables entered by the user, figures generated by the calculators shall not be binding on the bank.

20. SFC PRIVACY NOTICE

Last updated: October 2022

  1. The lawful bases for processing your personal information.
  2. What personal information is collected and how.
  3. Your data protection rights. We have included your right to:
    • ask that we correct or delete personal information when that information is incorrect, irrelevant, or no longer needed; and
    • ask that we destroy or delete your information when we are no longer authorised to keep it.

4. Access requests are now included in our updated information manual.

5. The SFC Contact Centre knows how you can lodge complaints and has the contact details of the Information Regulator if you are not happy with how we handledyour complaint.

This privacy notice aims, among other things, to inform you about how the various companies within the Group undertake to keep your personal information secure.
We will not sell your information to third parties and will only market to you in accordance with our legal obligations and your marketing preference..

Introduction
SFC treats its clients’ confidential information with the utmost discretion. This is in line with the South African Constitution, which protects the right to privacy. The Protection of Personal Information Act 4 of 2013 (POPIA), which operationalises the constitutional right to privacy, further strengthens our resolve to protect our clients’ information. POPIA promotes the fair and transparent use of personal information and requires us to safeguard it appropriately. Personal information as defined by POPIA is any information that can be used to identify you as an individual, and, where applicable, a legal entity. Examples of personal information is your identity number, account number, telephone number, email address, physical address, or other unique identifier.
As part of our commitment to safeguard our clients’ personal information and continue to comply with the law, our processing activities involving personal information are aligned to the provisions of POPIA.
This Privacy Notice sets out how your personal information will be used by SFC and applies to any information, including personal and special personal information, you give to SFC or which SFC may collect from third parties.
It is important that you read this Privacy Notice carefully before submitting any personal information to SFC.
By submitting any personal information to SFC, you provide consent to the processing of your personal information as set out in this Privacy Notice.
The provisions of this Privacy Notice are subject to mandatory, unalterable provisions of applicable laws.
Please do not submit any personal information to SFC if you do not agree to any of the provisions of this Privacy Notice. If you do not consent to the provisions of this Privacy
Notice, or parts of the Privacy Notice, SFC may not be able to provide its products and services to you.
What is personal information?
Personal information is data that can be used to identify you. This includes information you share with us, information that we gather during onboarding and our relationship with you as our client, as well as information about your marketing preferences. This information includes:

    • your gender as may be required for statistical purposes or by law;
    • your marital status, nationality or social origin;
    • your age, physical or mental health and well-being, disability, religion, conscience, belief, culture, and language;
    • your education or any medical conditions;
      your financial information (like your income and expenses, loan repayments,
      investments, assets or your financial needs);
    • any identifying number, symbol (like account, identity or passport numbers);
    • your email address, physical address or telephone number (as this may be needed for us to communicate with you);
    • your location and online identifiers [this can be Internet Protocol (IP) addresses or geolocations]
    • your employment history (this is specifically relevant when you apply for credit);
    • biometric information (eg fingerprints, and facial or voice recognition); and
    • your personal opinions or views.

There may be circumstances in which we will collect your special personal information. Such information may include:

  • your race or ethnicity (as required by law and for statistical purposes);
  • your health (eg when you apply for life insurance); and
  • criminal behaviour where it relates to the alleged commission of any offence; or any proceedings regarding any offence allegedly committed by you, or the disposal of such proceedings.

The collection and processing of your special personal information will only happen with your consent , if this is necessary to establish, exercise or defend a right or obligation in law, to comply with a law, for historical, statistical or research purposes or if it is otherwise lawful to do so.

Aim and objective of this privacy notice

It is to give you and our stakeholders guidance and information on how we collect, use and protect personal information. The privacy notice will tell you:

  1. why we collect your personal information and how we may process it;
  2. how we share your information with third parties;
  3. how we protect your information;
  4. how long we hold onto your information; and
  5. of your rights.
Why do we collect and process your personal information?

For us to offer you financial products and services, we need to collect, use, share and store personal and financial information about you so that we can:

    • assess the risk of fraud, money laundering and the like;
    • enter into banker-client / banker-third party relationships with you;
    • contractually engage you for loans and credit;
    • gain an understanding of your financial needs to offer you the best services and products;
    • develop suitable products and services to meet your needs;
    • market relevant products and services to you;
    • conduct market research and client satisfaction surveys;
    • search, update or place your records at credit reference bureaus and government agencies;
    • verify your identity and to assess your ability to get credit or to give collateral of any kind, including guarantees or suretyships;
    • offer any other related banking and insurance services;
    • record and monitor any communications between you and us and use these recordings to verify your instructions to us to analyse, assess and improve our services to clients, and for training and quality purposes; and
    • communicate with you by post, phone, SMS, email and other electronic media, including mobile applications or online services, about products that may be of interest to you.
      It is your right to refuse to provide personal information, but this refusal may limit our ability to provide the required financial services to you. We will only collect information from you that is necessary and relevant to the service or product we have to provide.
      We will only collect and use personal information, if we are lawfully permitted to do so.
      We may send you direct marketing, but you can unsubscribe by opting out on the relevant Internet-based platform or advising SFC directly.
      If we use third-party data providers, we will ensure that they are lawfully allowed to share the information with us.
      The lawful bases we rely on for processing this information are:
    • we have your consent to do so;we have an obligation to carry out actions for the cancellation or performance of a contract with you;
    • we are required by law to process your personal information;
    • the processing protects your legitimate interest;
    • we have a legitimate interest to pursue; and/or
    • a third party has legitimate interest to pursue.
How do we collect your personal information?

We collect your personal information in the following ways:

    • Directly from you when you complete a product application form on paper.
    • Indirectly from you when you interact with us electronically. When you are browsing our website (including our mobile application), we may collect information from you, like your IP address and server logs.
    • From other sources, such as public databases, data aggregators and third parties, as well as other financial institutions, credit bureaus, fraud prevention agencies; or indirectly through your interactions with third parties.
    • Through agents or third parties who collect Information on our behalf.
    • Through other entities in the Nedbank Group or divisions/clusters of entities within the SFC Group.

Third parties from which we may collect your personal information may include:

    • law firms;
    • other financial institutions and service providers;
    • data brokers;
    • business partners;
    • insurance companies;
    • credit bureaus;
    • payment associations;
    • social media;
    • the South African Police Service;
    • local or foreign regulators;
    • public or government entities;
    • South African Fraud Prevention Services;
    • Payments Association of South Africa;
    • media publications; and tracing agents.
To whom will we disclose your information?

Protecting our interests may sometimes require the disclosure of specific client information to third parties, for example, if payment failed due to insufficient money in an account. Where required to protect the public interest, information regarding a client’s debt may be disclosed to credit bureaus or debt collection agencies. Entities and third parties with whom we may share your information may include:

        • banks and financial institutions;
        • regulatory authorities;
        • the regulator, industry bodies and the Ombudsman;
        • law firms and auditors; insurers;
        • the South African Police Service;
        • South African Fraud Prevention Services;
        • Payments Association of South Africa; and other third parties as may be required either contractually, by law, or legitimate interest.

When sharing your information with recipients in other jurisdictions, we will ensure compliance with applicable laws.
We will not sell your information to third parties and will only market to you in compliance with applicable laws and your marketing preference, using, where practicable, the communication method you chose.

How do we protect your information?
We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put reasonable physical, electronic and managerial procedures in place to safeguard and secure the information we collect.
All online transacting sessions are encrypted, and personal information is stored according to internationally accepted banking information security practices.
How long will we keep your information?
We will keep your information only for as long as we need it for a lawful business purpose or as required by law (including tax legislation) and any other statutory obligations (including anti-money-laundering and counter-terrorism requirements). We may keep your personal information for longer than required if you have agreed to this or we are lawfully allowed to
do so.
If we need to keep your personal information for longer than required, and more specifically for historical, statistical or research purposes, we will do so with the appropriate safeguards in place to prevent the records from being used for any other purpose.
Your information may be kept for varying periods from the end of our relationship, depending on regulatory requirements. We will take all reasonable steps to destroy or de- identify the personal information that we hold when it is no longer required.
Your data protection rights

You have the right to ask us to confirm whether we hold any information about you. You may also request a record from us about the personal information we hold about you, as well as information about all third parties with whom we have shared your personal information. Once we have given the information to you, you may ask that we :

    • correct or delete the personal information in our possession or under our control if it is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or has been obtained unlawfully;
    • destroy or delete a record of your personal information that we are no longer authorised to keep in terms of regulatory requirements; or
    • stop or start sending you marketing messages by informing us in writing or through our branch network, call centres or website.

If you want to verify the information we have about you or want us to update, change, or delete it, you may:

Complaints

You may submit complaints about the processing of your personal information by phoning the SFC Contact Centre on 0100238949 or sending an email
to privacy@solarfinancecompany.co.za.

Or, if you are not satisfied with the way we have dealt with your complaint, you can contact the Information Regulator by completing the prescribed POPIA form 5 and emailing it
to POPIAComplaints@inforegulator.org.za. For more information visit the Information Regulator website at https://inforegulator.org.za.
Our contact details
The contact details of the information and deputy information officers are:
Information Officer:
Hannah kruger
Deputy Information Officer:
Ewan Opperman
Physical address: Bridgeway Business Park, Pinnacle Road Unit 40. Suburb: Germiston Code: Tunney, City:1609 Postal address: Bridgeway Business Park, Pinnacle Road Unit 40. Suburb: Germiston Code: Tunney, City:1609

Tel: +27 (0)10 0238949
Email: privacy@solarfinancecompany.co.za

Websites:
www.solarfinancecompany.co.za

Cookies
We make use of cookies to personalise your repeat visits to our website by determining how you use the site. Cookies are very small text files that may be stored on your computer or mobile device when you visit a website, enable images or click on a link in an email.
We use cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website to meet your needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, they help us give you a better website by enabling us to monitor which pages you find useful and which not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept them, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

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