Privacy Notice
Our Privacy Notice and You
Your privacy matters to us. Here you will find an overview of how and why we process your Personal Data. You’ll also see what your rights are and how you can contact us.
Of course, if you want more details, you can get access to the full Privacy Notice.
Aged under 18?
M-KOPA may collect Personal Data about children from a parent or guardian directly and only with that person’s explicit consent.
What data do we collect?
- Personal Data you provide voluntarily to us when you make a purchase, login on our website(s), contact us, provide feedback, fill in a form, share content with us on our website(s) or publicly share information about M-KOPA on social media.
- Personal Data that we create (e.g., when you make a purchase, and data collected automatically when you access one of our website (s) or app(s), e.g., IP address, device ID. You can see our Cookie Policy for more information on these technologies.
- Data collected from other legitimate sources such as M-KOPA promotional partners, from public sources, data from your interaction with our advertising, or Personal Data that is part of your profile on a social network and that you have made available to us.
Why do we process your Personal Data?
We process your Personal Data to get to know you, complete your order(s), process your payments, answer your questions, share information about M-KOPA and our new products or services and improve our future offerings. We also process your Personal Data in order to help us comply with the law, to sell or transfer any relevant part of our business, to manage our systems and finances, to conduct investigations and to exercise legal rights. We combine your Personal Data from all sources so that we can understand you better to improve and personalise your experience when interacting with us.
Whenever we ask you to provide us with any Personal Data, you will be told why we need it and how it will be used. Your Personal Data will only be processed for the purposes set out in our Privacy Notice, or any other further purposes notified to you before the processing begins. If you choose not to provide your Personal Data when we ask you, this may limit the services we can offer you. For example, our “know your customer” requirements help us to better understand your credit profile (such as daily income/purchase potential etc) and protect you and M-KOPA from identity theft.
Who can access your Personal Data and why?
We limit the disclosure of your Personal Data to others, however we do need to disclose your Personal Data in certain instances and mainly to the following recipients:
- Companies within the M-KOPA Group, where required for our legitimate interests or with your consent;
- Third parties engaged by us to provide services such as administering customer care communications (such as WhatsApp Business), payment collections, M-KOPA websites, applications and services (e.g. features, programs, and promotions) available to you, subject to appropriate protections;
- Credit reporting agencies/debt collectors, where permitted by the law and if we need to verify your creditworthiness or collect outstanding monies; and
- Relevant public agencies and authorities, if required to do so by law or a legitimate business interest.
Transfer of your personal data
We may process your Personal Data outside of the country in which you are based for the purposes set out in this notice. When we transfer your Personal Data to other countries, we take reasonable steps to ensure that applicable laws are being followed.
What are your rights over your Personal Data?
When you share Personal Data with us, you have a right to (i) request access (i.e. to ask us what data we have about you, and obtain a copy), (ii) ask for changes to be made or (iii) to have the data deleted. This can be done by contacting us.
- You can also opt-out of marketing communications by (i) clicking on the “unsubscribe” link provided in the promotional material you might receive; (ii) changing preferences via your account or by our Customer Care team by emailing us at customercare@m-kopa.com or calling us in your respective country (Click for contact information).
- For cookies and similar technologies, you can manage your preferences through our Cookie Consent Banner (Click the icon on the bottom left of this page). Find more information in our Cookie Policy.
You can make a complaint:
- If you are concerned about a possible interference with your privacy or misuse of your Personal Data by us you can contact us to make a complaint. We hope we can satisfy queries you may have about the way we process your Personal Data. However, if you have unresolved concerns you also have the right to complain to competent data protection authorities.
Data security and retention
We use a variety of measures to keep your Personal Data confidential and secure, including restricting access to your Personal Data on a need-to-know basis and following appropriate security standards to protect your data.
We take every reasonable step to ensure that your Personal Data is only processed for the minimum period necessary in connection with: (i) the purposes set out in this Privacy Notice (such as the duration of your repayment period); (ii) any additional purposes notified to you at or before the time of collection of the relevant Personal Data or commencement of the relevant processing; or (iii) as required or permitted by applicable law; and thereafter, for the duration of any applicable limitation period. In short, once your Personal Data is no longer required, we will destroy or delete it in a secure manner.
Updates to this Privacy Notice
As business and technology evolves, we might need to change this Privacy Notice. We encourage you to regularly review this Privacy Notice to make sure you are up-to-date with how M-KOPA is using your Personal Data.
Contact us
M-KOPA is responsible for your personal data. M-KOPA comprises of M-KOPA Holdings Limited (a limited liability company in England & Wales, registered number 10891868) and its subsidiary undertakings (referred to collectively as “M-KOPA” or “we” or “our”). More information on our affiliates or subsidiaries can be found here. Your Personal Data will be controlled by the M-KOPA affiliate or subsidiary that is providing services to you or communicating to you and each such entity is regarded as an independent “controller” for your Personal Data. This Notice applies to all such entities. If you have any questions or comments regarding this Privacy Notice or M-KOPA’s Personal Data collection and processing practices, please contact us at dpo@m-kopa.com or calling us in your respective country (Click for contact information).
Our Privacy Notice and You (Full)
Effective: 1 January 2024
This Privacy Notice (“Notice”) describes M-KOPA’s policies and practices regarding your Personal Data. It explains how your Personal Data are collected, used, and disclosed by the M-KOPA group of companies (“M-KOPA”, “We”, “Us”). It also tells you how you can access and update your Personal Data and make certain choices about how your Personal Data are used.
If you do not provide necessary Personal Data to us (we will indicate to you when this is the case, for example, by making this information clear in our sign up forms), we may not be able to provide you with our goods and/or services. This Notice can change from time to time (see Section 10).
This Notice provides important information in the following areas:
- PERSONAL DATA OF CHILDREN
- SOURCES OF PERSONAL DATA
- PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
- COOKIES/SIMILAR TECHNOLOGIES
- DISCLOSURE OF YOUR PERSONAL DATA
- RETENTION OF YOUR PERSONAL DATA
- ACCESS, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
- YOUR RIGHTS
- YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
- CHANGES TO THIS NOTICE
- DATA CONTROLLERS & CONTACTS
1. PERSONAL DATA OF CHILDREN
We do not knowingly request or collect Personal Data from anyone below the age of 18. If We discover that We have unintentionally collected Personal Data from anyone below 18, We will remove that person’s Personal Data from our records promptly. However, M-KOPA may collect Personal Data about children below the age of 18 years of age from the parent or guardian directly, and with that person’s explicit consent.
2. SOURCES OF PERSONAL DATA
We collect Personal Data from or about you from the following sources:
- M-KOPA website(s): Website(s) operated by Us under our own domain(s)/URL(s) (such as www.M-KOPA.com) and mini-sites that We run on third party social networks such as Facebook (“Websites”).
- M-KOPA mobile sites/apps: Customer-directed mobile sites or applications operated by or for M-KOPA, such as smartphone apps.
- Call, text, USSD (Unstructured Supplementary Service Data) message and other electronic messages: Interactions with electronic communications between you and M-KOPA.
- M-KOPA Customer Care call centres: Communications with our Customer Care team.
- Registration forms: Printed or digital registration and similar forms that We collect when you sign up to purchase our products and services, in-store demos, contests and other promotions, or events.
- Advertising interactions: Interactions with our advertisements (e.g., if you interact with on one of our ads on a third-party website, We may receive information about that interaction).
- Surveys: Information gathered when you complete any survey, focus group, interview, study or other such activity.
- Recruitment and former employees: Information shared by yourself when applying for a job with Us, information publicly available on social media platforms to identify prospective candidates for a specific function, or basic information required from former employees about their employment at M-KOPA.
- Data We create: In the course of our interactions with you, We may create Personal Data about you (e.g. records of your purchase(s), issue logs etc).
- Data from other sources. Credit reference bureaus, third party social networks (e.g. such as Facebook), advertising networks (e.g. such as Google), messaging apps (e.g. such as WhatsApp), market research (if feedback is not provided on an anonymous basis), third party data aggregators, M-KOPA promotional partners, public sources and data received when We acquire other companies.
3. PERSONAL DATA THAT WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
Depending on how you interact with M-KOPA (online, offline, over the phone, etc.), We collect various types of information from you, as described below:
- Personal contact information: This includes any information you provide to Us that would allow Us to contact you, such as your name, e-mail address, social network details, or phone number.
- Your Account: Any information that is required to create your account with M-KOPA and give you access to your specific account profile. Examples include your login ID, date of birth, age or age range, gender, geographic location occupation, national identity number (or similar identification numbers as applicable), image, mobile number, password in unrecoverable form, and/or security question and answer and any other information required for our due diligence and to better understand your credit profile (such as daily income/purchase potential etc).
- Device information: Any information about the device that you have purchased from Us or that has been issued to you as an employee, which may include, your device’s unique device ID (IMEI number), make/model, location based data, geo-location and other similar device data that may be (i) for the performance of the contract you have entered with us; (ii) to comply with our legal obligations (for example where We are required to carry out due diligence on our customers to avoid theft, fraud and comply with anti-money laundering regulations); (iii) to help us improve the quality of the devices and services that We offer you, and to offer you additional products and services.
- Websites/communication usage information: As you use our applications or websites, We collect certain information about your actions in order to prevent fraudulent use of your account by others, assist you in remembering your log in details or language and other preferences to avoid you having to re-enter your preferences every time you use our website. This information is captured using automated technologies such as cookies and web beacons and is also collected through the use of third party tracking for analytics and advertising purposes. You have the right to object to the use of such technologies, for further details please see Section 4.
- Market research & customer feedback: Any information that you voluntarily share with Us about your experience of using our products and services. As part of completing a survey, you may be asked to provide your name, address, phone number and any other information relevant. This can be done via means such as email, ads, SMS, phone calls, messaging apps and postal mailings to the extent permitted by applicable laws. Some of our research, campaigns and promotions are run on third party websites and/or social networks. This use of your Personal Data is voluntary, which means that you can oppose (or withdraw your consent in certain countries) to the processing of your Personal Data for these purposes.
- Profiling and automated decision making: To improve your experience and fight fraud, we may conduct manual reviews or use automated decision making, for example, your identification documents may be subject to human review and/or automated decision making for verification purposes.
- Customer-generated content: Any content that you create and then share with Us on third party social networks or by uploading it to one of our Websites or apps, including the use of third party social network apps such as Facebook. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, We collect and publish customer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking.
- Third party social network information: We receive your third party social network profile information (or parts of it) every time you interact with M-KOPA on a third party social network platform such as Facebook, every time you use a social networking feature that is integrated within M-KOPA’s website or every time you interact with Us through a third party social network. We use your Personal Data when you interact with the platform’s features, such as “Like” functions on Facebook or Instagram, to serve you with advertisements and engage with you on third party social networks. To learn more about how your information from a third party social network is obtained by M-KOPA, or to opt-out of sharing such social network information, please visit the website of the relevant third party social network.
- Employment information: We are constantly searching for new talent for our organization, and We collect information about job applicants or prospective candidates from several sources. Applicants are referred to M-KOPA Careers for more information. When an employee leaves M-KOPA, We continue to process information that is related to them for any remaining business, contractual, employment, legal, and/or fiscal purposes as required by law.
- Payment and Financial information: Any information that We need in order to fulfil an order.
- Calls to M-KOPA: Communications with M-KOPA can be recorded or listened into, in accordance with applicable laws, for local operational needs (e.g. for quality or training purposes). Payment details are not recorded. Where required by law, you will be informed about such recording at the beginning of your call.
- Sensitive Personal Data: We do not seek to collect or otherwise process sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to process your sensitive Personal Data for any reason, We rely on your prior express consent for any processing which is voluntary. If We process your sensitive Personal Data for other purposes, We rely on the following legal bases: (i) detection and prevention of crime (including the prevention of fraud); and (ii) compliance with applicable law (e.g. to comply with our diversity reporting).
5. DISCLOSURE OF YOUR PERSONAL DATA
In addition to the M-KOPA entities mentioned in the data controllers & contact section (see section 11), We share your Personal Data with the following types of third party organisations:
- Service providers: These are external companies that We use to help Us run our business (e.g. order fulfilment, payment processing, fraud detection and identity verification, website operation, market research companies, support services, promotions etc.). Service providers, and their selected staff, are only allowed to access and use your Personal Data on our behalf for the specific tasks that they have been requested to carry out, based on our instructions, and are required to keep your Personal Data confidential and secure.
- Credit reporting agencies/debt collectors. To the extent permitted or required by applicable law, credit reporting agencies and debt collectors are external companies that We use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding payments.
- Third party companies using Personal Data for their own marketing purposes. Except in situations where you have given your consent, We do not license or sell your Personal Data to third party companies for their own marketing purposes. Their identity will be disclosed at the time your consent is sought.
- Third party recipients using Personal Data for legal reasons or due to merger/acquisition. We will disclose your Personal Data to third parties for legal reasons or in the context of an acquisition or a merger.
6. RETENTION OF YOUR PERSONAL DATA
M-KOPA takes every reasonable step to ensure that your Personal Data are only processed for the minimum period necessary for the purposes set out in this Privacy Notice and as communicated to you. We will however retain copies of your Personal Data in a form that allows for identification only for as long as:
- We maintain an ongoing relationship with you (e.g. where you have not unsubscribed from our marketing);
- your Personal Data are necessary for the purposes set out in this Privacy Notice; and c) we have valid legal basis plus the duration of: (i) any applicable limitation period (i.e. any period during which a person could bring a legal claim against us), plus (ii) an additional 2 months following the end of the applicable limitation period (so we are able to identify any Personal Data of a person who may bring a claim at the end of the applicable period); and
- if any relevant legal claims are brought, we may continue to process your Personal Data for such additional time necessary in connection with that claim.
During the periods noted in paragraph b) above, processing of your Personal Data will be restricted to review in connection with any claim or obligation under applicable law, storage and maintaining security of those data.Once the periods in paragraphs a), b) and c) above, each to the extent applicable, have expired, we will either (i) permanently delete or destroy the relevant Personal Data or (ii) anonymise the relevant Personal Data.
7. ACCESS, STORAGE AND/OR TRANSFER OF YOUR PERSONAL DATA
We use appropriate measures (described below) to keep your Personal Data confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as third party social networks.
- People who can access your Personal Data: Your Personal Data will be processed by our authorised employees or agents, on a need to know basis, depending on the specific purposes for which your Personal Data have been collected (e.g. our employees in charge of consumer care matters will have access to your consumer record).
- Information Security: To protect your Personal Data from unauthorized access, use, and disclosure, We have implemented reasonable physical, administrative, and technical safeguards. We also require our Business Partners, suppliers, and third parties to implement appropriate safeguards.
- Transfer of your Personal Data. Because of the international nature of our business, We may need to transfer your personal data within the M-KOPA group, and to third parties as noted in Section 5 above, in connection with the purposes set out in this Privacy Notice. For this reason, We may transfer your personal data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located (see Section 11 below for details of which countries your Personal Data may be transferred to). We have put in place the strictest standards to protect your Personal Data if transferred. If the countries to which your Personal Data will be transferred to do not implement adequate personal data protection standards, We will ensure that any transfer is subject to adequate levels of protection.
8. YOUR RIGHTS
Depending on where you are located, you have certain rights when it comes to the handling of your Personal Data. You may contact Us (see Section 11) to:
- request access to the Personal Data that We have on you, or have it updated or corrected. Depending on the applicable law, you may have additional rights concerning your Personal Data;
- request to obtain your Personal Data in a usable format and transmit it to another party (also known as the right to data portability);
- request to delete the Personal Data We hold about you;
- opt-out of specific Personal Data processing types, such as targeted advertising;
- ask questions related to this Privacy Notice and our privacy practices;
submit a complaint if you are not satisfied with how M-KOPA is processing your Personal Data.Any identification information provided to Us will only be processed in accordance with, and to the extent permitted by applicable laws. Note: requests submitted by a person other than you without evidence that it is legitimately made on your behalf will be rejected.Please note that the above rights are not absolute and may be subject to limitations or exemptions within local legislation. Where applicable, we will identify this in our response to your request.We hope that We can satisfy your queries about the way We process your Personal Data. If you have unresolved concerns you also have the right to complain to the relevant competent data protection authority. Authorities can be contacted through their websites (see below).
9. YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR PERSONAL DATA
The following mechanisms give you control over your Personal Data:
- Cookies/Similar Technologies: You can manage your consent so as to refuse all or some cookies/similar technologies, or to alert you when they are being used. Please see Section 4 above.
- Advertising, marketing and promotions: You can consent for your Personal Data to be used by M-KOPA to promote its products or services through tick-box(es) located on the registration forms or by answering the question(s) presented by our Customer Care representatives. If you decide that you no longer wish to receive such communications, you can unsubscribe from receiving marketing-related communications at any time, by following the instructions provided in each such communication. Please note that, even if you opt-out from receiving marketing communications, you will still receive administrative communications from Us, such as notifications about your account activities (e.g. loan status, password changes, etc.), and other important non marketing related announcements.
10. CHANGES TO THIS NOTICE
If We change the way We handle your Personal Data, We will update this Notice. We reserve the right to make changes to this Notice at any time. Please check back frequently to see any updates or changes to our Notice.
11. DATA CONTROLLERS & CONTACTS
M-KOPA comprises of M-KOPA Holdings Limited (a limited liability company in England & Wales, registered number 10891868) and its affiliates and/or subsidiaries (referred to collectively as “M-KOPA” or “we” or “our”). M-KOPA affiliates and/or subsidiaries do business across Africa. The privacy laws in some countries consider a Controller (or Responsible Party as defined in South Africa) to be the legal entity (or natural person) who defines the purposes for which the processing of Personal Data takes place and how that data is processed. Parties that are involved in processing operations on behalf of a Controller are referred to as Processors (or Operator as defined in South Africa). The titles associated with the obligations differ, depending on the jurisdiction. Where relevant for the privacy laws in your country, the Controller of your Personal Data is M-KOPA’s main subsidiary or affiliate in your country. The contact details of our main affiliate and/or subsidiary in your country or region can be found in the table below: If you have any questions about our products or services, please contact Us at customercare@m-kopa.com.To ask questions or make comments on this Notice and our privacy practices or to make a complaint about our compliance with applicable privacy laws, please contact Us at dpo@m-kopa.com or call our Customer Care team (see below table for phone numbers).
London WC1N3AX
United Kingdom
In addition, all the following M-KOPA entities
M-KOPA Ghana Money Lending Co
P.O.Box CT 6282, Cantonments, Accra, Ghana
WhatsApp: +233551668800
M-KOPA Loans Kenya Limited
M-KOPA Mobility Kenya Limited
P.O. Box 5186600100
Nairobi, Kenya
WhatsApp: +254799136761
M-KOPA Lending Nigeria Limited
WhatsApp: +2349030009822
Jean Avenue, P.O. Box 7750, Centurion, Gauteng 0046
South Africa
WhatsApp: +27872922111
Tanzania
M-KOPA Sales Limited
WhatsApp: +256707743200
M-KOPA Lending Holdings Limited
M-KOPA Mobility Holdings Limited
1 Pancras Squarer
London N1C 4AG
United Kingdom
Introduction
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about You may be linked to the information stored in and obtained from Cookies. For further information on how We use, store and keep your personal data secure, see our Privacy Policy.
We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Cookies Policy:
– Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Cookies Policy) refers to M-kopa Kenya.
– Cookies means small files that are placed on Your computer, mobile device or any other device by a website, containing details of your browsing history on that website among its many uses.
– Website refers to M-KOPA, accessible from m-kopa.com
– You means the individual accessing or using the Website, or a company, or any legal entity on behalf of which such individual is accessing or using the Website, as applicable.
The use of the Cookies
Type of Cookies We Use
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
-Necessary / Essential Cookies
Type: Session Cookies Administered by: Us (M-KOPA)
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
-Functionality Cookies
Type: Persistent Cookies Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Your Choices Regarding Cookies
If You prefer to avoid the use of Cookies on the Website, first You must disable the use of Cookies in your browser and then delete the Cookies saved in your browser associated with this website. You may use this option for preventing the use of Cookies at any time.
If You do not accept Our Cookies, You may experience some inconvenience in your use of the Website and some features may not function properly.
If You’d like to delete Cookies or instruct your web browser to delete or refuse Cookies, please visit the help pages of your web browser.
-For the Chrome web browser, please visit this page from Google: https://support.google.com/accounts/answer/32050
-For the Internet Explorer web browser, please visit this page from Microsoft: http://support.microsoft.com/kb/278835
-For the Firefox web browser, please visit this page from Mozilla: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored.
-For the Safari web browser, please visit this page from Apple: https://support.apple.com/guide/safari/manage-cookies-and-website-data- sfri11471/mac
-For any other web browser, please visit your web browser’s official web pages.
More Information about Cookies
You can learn more about cookies: Cookies: What Do They Do?.
Contact Us
If you have any questions about this Cookies Policy, You can contact us by visiting this page on our website: https://m-kopa.com/contact/
Manual in terms of the promotion of Access to Information ACT, 2000(ACT No. 2 of 2000)
Introduction
This PAIA and POPI Manual (the “Manual”) (which includes all annexures and amendments thereto as made available by M-KOPA South Africa from time to time) has been prepared in accordance with section 51 of PAIA as read with POPI. It provides an overview of the records (information and documents) held by M-KOPA South Africa and details of how such records may be accessed, including in relation to giving effect to the rights granted under POPI terms of which a data subject may access its personal information, object to processing and request the correction of any of its personal information held by M-KOPA South Africa.
M-KOPA South Africa may amend this manual from time to time. It is available and accessible at m-kopa.com or on request to M-KOPA South Africa’ designated Information Officer (being the person duly authorised by the management of M-KOPA South Africa and appointed by M-KOPA South Africa to act in this capacity).
M-KOPA South Africa has appointed a Information Officer in accordance with POPI. In addition to its obligations prescribed under POPI, the designated Information Officer is also responsible for assessing any requests to M-KOPA South Africa for access to information in terms of PAIA as well as to oversee any other obligations which M-KOPA South Africa may have under PAIA. The Information Officer may appoint Deputy Information Officers to assist it in the fulfilment of its obligations.
General contact details of M-KOPA South Africa (PTY) Limited
257 Jean Avenue
Centurion
Gauteng
0157
Centurion
Gauteng
0046
legal@m-kopa.com
+27 83 777 7865
legal@m-kopa.com
+27 83 777 7865
Guide on how to use PAIA
The South African Human Rights Commission (SAHRC) has issued a guide on how to use the Act (as prescribed by section 10 of PAIA) and is available on the SAHRC website (sahrc.org.za). This Manual complies with the requirements of the guide (defined below) and recognises that the Information Regulator established under POPI will be responsible for regulating compliance with PAIA, POPI and their regulations
See contact details below:
The Research and Documentation Department
29 Princess of Wales Terrace Parktown
Johannesburg
27 Stiemens Street
Braamfontein,
Johannesburg
2001
Private Bag 2700
Houghton
Johannesburg
2041
Braamfontein
Johannesburg
2017
complaints.IR@justice.gov.za
General enquiries:
inforeg@justice.gov.za
Records held by M-KOPA South Africa (PTY) limited
Automatically available records
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.
We use both session and persistent Cookies for the purposes set out below:
Records held by M-KOPA South Africa in terms of other legislation (section 51(1)(d) of PAIA)
M-KOPA South Africa retains a number of records in accordance with legislation which applies to it, including but not limited to:
– Basic Conditions of Employment Act No 75 of 1997;
– Companies Act No 71 of 2008;
– Compensation for Occupational Injuries and Diseases Act No 130 of 1993;
– Consumer Protection Act No 68 of 2008;
– Copyright Act No 98 of 1978;
– Electronic Communications and Transactions Act No 25 of 2002;
– Employment Equity Act No 55 of 1998;
– Financial Intelligence Centre Act No 38 of 2001;
– Income Tax Act No 58 of 1962;
– Labour Relations Act No 66 of 1995;
– Medical Schemes Act No 131 of 1998;
– National Credit Act No 34 of 2005;
– Occupational Health and Safety Act No 85 of 1993;
– Protection of Personal Information Act No 4 of 2013;
– Regulation of Interception of Communications and Provision of Communication‑Related Information Act No 70 of 2002;
– Skills Development Act No 97 of 1998;
– Skills Development Levies Act No 9 of 1999;
– Unemployment Insurance Act No 63 of 2001;
– B-BBEE Act No 53 of 2003; and
– Value Added Tax Act No 89 of 1991.
Where any information contained in any records retained by M-KOPA South Africa in terms of the above legislation is of a public nature, such records may be available for inspection without a person having to request access thereto in terms of PAIA.
Records held by M-KOPA (section 51(1)(e) of PAIA)
The records held by M-KOPA South Africa include by are not necessarily limited to:
Human Resources
– List of employees;
– Contracts of employment with directors, officers and employees of M-KOPA South Africa;
– Expenditure or reimbursement agreements with directors of M-KOPA South Africa;
– Documents relating to employee benefits;
– Compensation or redundancy payments;
– Personnel files;
– Employment equity plan of M-KOPA South Africa (if any);
– Procedural agreements and policies of M-KOPA South Africa;
– Disciplinary records and documentation pertaining to disciplinary proceedings;
– Training manuals;
– Other information relating to employees of M-KOPA South Africa.Permits
– Licences, material permits, consents, approvals, authorisations and certificates;
– Applications for permits, licences etc; and
– Registrations and declarations of permits.Insurance records
– Insurance policies taken out for the benefit of M-KOPA South Africa and its employees;
– Insurance policies taken out in respect of any properties.Immovable and movable property
– Agreements for the lease of land and/or other immovable property by M-KOPA South Africa;
– Agreements for the lease or sale of movable property by M-KOPA South Africa
– Mortgage bonds, liens, Notarial bonds or security interests on property (if any);
– the agreements for the purchase, ordinary sale, conditional sale, or hire of assets.Company information
– M-KOPA South Africa secretarial records; and
– Incorporation documents, including Memorandum and Articles of Association.Finance/Accounts department
– Accounting records;
– Interim and annual financial statements;
– Details of auditors;
– External auditors’ reports in respect of audits conducted;
– Tax returns;
– Other documents and agreements relating to taxation;
– Creditors and debtors;
– Invoices;
– Salary information;
– Banking records;
– Bank account details;
– Fixed assets register;
– Audit reports; and
– Other financial records.Miscellaneous
– Correspondence of M-KOPA South Africa;
– Records relating to legal proceedings involving M-KOPA South Africa;
– Marketing agreements, including marketing and event management plans, promotional brochures and publications, media releases and brand information;
– Procurement and Supply agreements;
– Agreements with wholesalers, retailers and customers;
– Confidentiality and/or non-disclosure agreements;
– IT infrastructure maintenance and support agreements;
– Software vendor license, maintenance and support agreements;
– Any other agreements and legal documents.
Request for information procedure
Automatically available records
Any requests for access to records of M-KOPA South Africa are subject to PAIA and the Processing of Personal Information Act.
Step 1: Request
In terms of PAIA a request for access is to be made on the prescribed form accessible at PAIA Forms – Information Regulator (inforegulator.org.za) with a copy being set out in Annexure A, or may be obtained upon request from The South African Human Rights Commission at the address provided at Section 3 above. The request is to be made to the Information Officer whose contact details are set out at Section 2 of this Manual (section 53(1) of PAIA).A request fee (if any), or proof of payment thereof, must accompany the request for information. Payment of the request fee may be made at any commercial bank and deposited in the following Bank account in favour of M-KOPA South Africa:Account Name: M-KOPA South Africa (Pty) Limited
Bank: Standard Bank
Bank account number: 000880477
Branch code: 000205
Step 2: Validation and acknowledgement
The information officer receives and validates the request to see whether the required information is available within M-KOPA South Africa. The request is then accepted, rejected or transferred to the rightful keepers of the required information. An acknowledgement is then forwarded to the requester to confirm the status of the request.
Step 3: Information processing
If the request is accepted, M-KOPA South Africa will gather and prepare the information and calculate the relevant cost involved. The cost is calculated in terms of paragraph 6.3. below.
Step 4: Final Notification
The requester will be informed of the completion of the request as well as any outstanding fees payable.
Step 5: Payment and delivery
Once the payment as stipulated in Step 4 is received (following the same payment process as stipulated in Step 1), the information is released to the requester.
General Information
The prescribed form must be competed with enough particularity to at least enable the Information Officer to identify:
– The record or records requested;
– The identity of the Requester;
– Which form of access is required, if the request is granted;
– The postal address of the requester.M-KOPA South Africa will process the request within 30 days, unless the requester has stated special reasons, which would satisfy the Information Officer, that circumstances dictate that the above time periods should not be complied with. The 30-day period within which M-KOPA South Africa 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 amount of information; or
– requires a search for information held at another office of the institution and the information cannot reasonably be obtained within the original 30-day period;
– requires consultation among divisions or departments; as the case may be, of CMS South Africa is required.M-KOPA South Africa will notify the requester in writing should an extension be sought. If the Information Officer fails to respond (or extend the period within which the respond) within thirty days after a request has been received, it will, in terms of PAIA, be deemed to have refused the request (section 58 read together with section 56(1) of PAIA).If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer (section 53(2)(f) of PAIA). Section 71 of PAIA makes provision for a request for information or records about a third party. In considering such a request, M-KOPA South Africa will adhere to the provisions of sections 71 to 74 of PAIA. The requestor is to note the provisions of Chapter 5 of Part 3 of PAIA in terms of which M-KOPA South Africa is obliged, in certain circumstances, to advise third parties of requests lodged in respect of information applicable to or concerning such third parties. In addition, the provisions of Chapter 2 of Part 4 of PAIA entitle third parties to dispute the decisions of M-KOPA South Africa by referring the matter to the High Court.If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally. The requester must pay the prescribed fee, before any further processing can take place.
Records not found
If a record cannot be found or if the records do not exist, the Information Officer shall notify the requester (providing full details of steps taken to find the record or determine its existence) that it is not possible to give access to the requested record.If the record in question should later be found, the requester shall be given access to the record unless access is refused by M-KOPA South Africa.
Fees
The Act provides for two types of fees:
– A request fee which will be a standard fee; and
– an access fee, which must be calculated by considering reproduction costs, search and preparation time and cost, as well as postal costs.When the request is received by the Information Officer, such Officer shall by notice require the requester, other than a personal requester, to pay the prescribed request fee (if any), before further processing of the request.
If a search for the record has been made and the preparation of the record for disclosure, including arrangements to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the Information Officer shall notify the requester to pay as a deposit the prescribed portion of the access fee, which would be payable if the request is granted.
The Information Officer shall withhold a record until the requester has paid the relevant fees as indicated below.A requester whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonable required in excess of the prescribed hours to search for and prepare the record for disclosure, including making arrangement to make it available in the requested form.
If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester.The fees are set out under ANNEXURE B.
Remedies where requests for access to information are refused
Refusal of request
The main grounds for M-KOPA South Africa to refuse a request for information relates to the:
– Mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person;
– Mandatory protection of the commercial information of a third party, if the record contains:
– trade secrets of that third party;
– financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party;
– information disclosed in confidence by a third party to M-KOPA South Africa, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
Mandatory protection of the safety of individuals and the protection of property;
Mandatory protection of records which would be regarded as privileged in legal proceedings;
Operations of M-KOPA South Africa;
The commercial activities of M-KOPA South Africa, which may include:
– trade secrets of M-KOPA South Africa;
– financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of M-KOPA South Africa;
– information which, if disclosed could put M-KOPA South Africa at a disadvantage in negotiations or commercial competition;
– a computer programme which is owned by M-KOPA South Africa, and which is protected by copyright;
The research information of M-KOPA South Africa or a third party, if its disclosure would disclose the identity of M-KOPA South Africa, the researcher or the subject matter of the research and would place the research at a serious disadvantage.
Note: Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.
Data Subject Rights in the event of a Refusal of a Request
If the request for access is refused, the Information Officer shall advise the requester in writing of the refusal, including adequate reasons for the refusal and that the requester may lodge an appeal with a court of competent jurisdiction against the refusal of the request (section 56(3) of PAIA).Upon the refusal by the Information Officer, any deposit paid by the requester will be refunded.The requester may lodge an appeal with a court of competent jurisdiction against any process set out in this paragraph 7.
Appeal
A requester may lodge an internal appeal against a decision of the Information Officer of M-KOPA South Africa;
– to refuse a request for access; or
– taken in terms of section 22, 26(1) or 29(3), in relation to that requester, with the Minister for Provincial and Local Government.A third party may lodge an internal appeal against a decision of the Information Officer of M-KOPA South Africa to grant a request for access.An internal appeal must be lodged in the prescribed form:
– Within 60 days;
– if notice to a third party is required, within 30 days after notice is given to the appellant of the decision appealed against;
– it must be delivered or sent to the Information Officer of M-KOPA South Africa at his or her address detailed above at Section 2 of this Manual;
– it must identify the subject of the internal appeal and state the reasons for the internal appeal and may include any other relevant information known to the appellant,
– if, in addition to a written reply, the appellant wishes to be informed of the decision on the internal appeal in any other manner, must state that manner and provide the necessary particulars to be so informed;
– if applicable, must be accompanied by the prescribed appeal fee, and must specify a postal address or fax number.The prescribed form for an internal appeal is available at PAIA Forms
– Information Regulator (inforegulator.org.za) with a copy being set out in Annexure C, or may be obtained upon request from The South African Human Rights Commission at the address provided at Section 3 above.If an appeal is lodged after the expiry of the period referred to, the Minister must, upon good cause shown, allow the late lodging of the appeal.
If the Minister disallows the late lodging of the appeal, he or she must give notice of that decision to the person who lodged the appeal.
A requester lodging an appeal against the refusal of his or her request for access must pay the prescribed appeal fee (if any).If the prescribed appeal fee is payable in respect of an appeal, the decision on the appeal may be deferred until the fee is paid.As soon as reasonably possible, but in any event within ten (10) working days after receipt of an appeal, the Information Officer of M-KOPA South Africa must submit the following to the Minister:
– The appeal together with his or her reasons for the decision concerned; and
– if the appeal is against the refusal or granting of a request for access, the name, postal address, phone and fax number and electronic mail address, whichever is available, of any third party that must be notified of the request.
Annexures
Annexure A: Request for Access to Records of Private Body [Regulation 7]
Annexure B: Access and Reproduction Fees
The request fee payable by a requester other than a personal requester (being a requester who seeks access to a record containing personal information about that requestor) is R50,00. The requestor may lodge an application to the court against the tender or payment of the request fee (section 54(3)(b) of PAIA).
Where the Information Officer is of the opinion that the number of hours required to search, reproduce and/or prepare the information requested will exceed 6 hours, it may require that a deposit be paid, calculated in accordance with PAIA.
Note:
– For purposes of section 54(2) of the Act, where the Information Officer is of the opinion that the number of hours required to search, reproduce and/or prepare the information requested will exceed 6 hours, it may require that a deposit be paid, calculated in accordance with PAIA.
– The actual postage is payable when a copy of a record must be posted to a requester.
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