Updated 28 March 2024

Please read our Terms and Conditions in conjunction with this Privacy Notice.

INTRODUCTION

This Privacy Notice (“Notice”) governs Smart Loan which is a brand that is owned and operated by 3 Way Marketing (Pty) Ltd.

Smart Loan is a facilitator that connects people to loan service providers that helps to find individuals the best terms for their loan. We do this by partnering with third party product and services providers. We work with some of the most respected lenders in the financial services industry and when you subscribe to the Smart Loan platform we provide you with the service of connecting you with lenders who can assist you with your financing needs, as well as bringing you other deals, specials and promotions that you may be interested in (“Service”). We do not provide financial services or loans. What we do is put you in contact with registered financial services providers or credit providers who may be able to assist you, as well as providers of other services or products that you may be interested in.

ABOUT THIS PRIVACY NOTICE

This Privacy Notice sets out how we use and protect any personal information that you, the customer, give us when you use the Service. This Notice has been put in place to assure you and give you the peace of mind that we take access to your personal information seriously. It also gives you our details in case you want to contact us and query any issues that you may have. If you have any questions about this Notice or do not agree with it, please contact us before using the Service. We may change this Notice from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes.

By subscribing to Smart Loan you agree to our Terms of Use and to this Privacy Notice.

ABOUT THIS SERVICE

The Service is a voluntary service through which we collect certain personal information about you, for the purpose of passing your personal information to our clients being third party loan providers and other service providers to enable them to market, or facilitate the marketing of, certain products or services to you.

When you submit your personal information to us, you agree that we may process your personal information on the basis described in our Terms of Use and this Privacy Notice. The clients we work with are typically financial service providers, insurance providers, motor industry providers, loan and phone providers and other related service providers. In some cases we have clients that enable and facilitate the direct marketing offers of products and services, as set out in our terms and conditions and this Privacy Notice.

We also use your personal information to convey your opinions and preferences to our clients, relating to relevant products and services to enable them to both identify products and services you may be interested in and address concerns you may raise about them.

LEGAL AGE AND CAPACITY

You may not use the Service and may not accept this Notice if you –

• lack the legal capacity to enter into a binding contract with us;
• are a person who is not permitted to access or use this Service under the laws of the country in which you are resident or from which you access the Service; or
• require the consent of a guardian or parent to competently agree to this Notice and have failed to obtain that consent.

By using the Service and/or content made available to you through the Service (“Content”) you represent and warrant that you are of full legal age or are emancipated or have your guardian’s consent to enter into a contract being our terms and condition and this Notice.

PERSONAL INFORMATION WE MAY COLLECT ABOUT YOU

You supply your personal information to us voluntarily. However, failure to provide us with the required personal information may result in you not being able to access the Service provided.

In the event that we collect information from a third party and not directly from you, we will always ensure that we have the relevant legal justification to do so.

WHAT DO WE DO WITH YOUR INFORMATION

At the time you provide us with any information in response to a request from us, our request will provide you with specific information as to how we will use such information.

Other than for the direct marketing purposes referred to below, we may contact you by e-mail, phone, SMS, WhatsApp or mail in relation to the purposes set out in this section and by providing such information you are deemed to have agreed to us contacting you by these methods of communication. We will continue to contact you by way of such methods until you advise us in writing you no longer wish to be contacted by certain methods.

We will not pass your details to anyone else (other than on the basis set out in our Terms of Use and this Notice and in accordance with appropriate disclosure requirements we may be subject to).

DIRECT MARKETING

We would like to provide you with information about new products, promotions, special offers and other information, which we think you may find interesting. You agree that we may send you marketing communications (SMS, PCM, E-mail, AVM, Whatsapp, Telephonic Calls) and / or put you in touch with clients, on the basis as set out in our Terms and Conditions and Privacy Notice. This forms part of our service offering.

You may opt-out of our direct marketing campaigns at any time, at which point we will not send you any direct marketing related to a specific service or associated campaign. Should you decide to opt out of all or any direct marketing received from us, you can either click on the following link

If we are providing you with the Service you will also be subject to the specific terms and conditions relating to the product or services you are being provided with and these terms will include additional information as to how we or any of our clients may contact you.

If you are a new Customer or you have previously asked us for information on our products, we may send you information on our range of products through our marketing communications (SMS, PCM, E-mail, AVM, Whatsapp, Telephonic Calls email).

If the reason you have given us personal information is to receive marketing communications from us, we will continue to provide this information to you unless you ask us not to do so.

PERSONAL INFORMATION WE COLLECT AUTOMATICALLY

When you use the Service, we automatically receive and record information on our server logs from your browser or mobile platform, including your location, IP address, cookie information, and the page you requested.

We mostly use this data in aggregate form and we may provide this aggregate information to our 3^rd party providers and / or clients about how our customers collectively use the Service, so that they may also understand how you make use of the Service.

CONSENT TO COLLECT FROM EXTERNAL SOURCES

You acknowledge and agree to allow us to collect further information about you from external sources, including credit bureaus and our third-party providers:

1. for the purpose of ensuring that our aggregated data is accurate and up to date;
2. for the purpose of enriching your data in order for us to offer you services better suited to your interests and lifestyle; and
3. to perform, or have a credit bureau perform a credit check, that will include pre-vetting for credit related product offerings.

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place appropriate organizational and technological measures to safeguard and secure the information we collect about you.

COOKIES

As we mentioned above, we use cookies on our web-based Services. Cookies are files that store information on your hard drive or browser that means that our Service can recognize that you have visited our Service before. They make it easier for you to maintain your preferences on the Service, and by seeing how you use the Service, we can tailor the Service around your preferences and measure usability of the Service. You can, should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu.

SHARING YOUR INFORMATION

We will not transfer, disclose, sell, distribute or lease your personal information to third parties other than on the following basis:

• where we have your consent as indicated on our terms and conditions;
• where we are required to do so by law;
• where it is deemed by us to be in our legitimate interest;
• where it is needed by our agents, advisors or others involved in running accounts and services for you or in undertaking activities linked to the operation of such services or accounts on our behalf; or
• where the transfer or disclosure would otherwise be in compliance with legal requirements we are subject to including, but not limited to, statute or regulation.

ACCESSING YOUR PERSONAL INFORMATION

If you think any information we have about you is incorrect or incomplete, please contact us at

enquiries@smart-loan.co.na in writing, as soon as possible. We will correct or update any information as soon as possible.

KEEPING YOUR PERSONAL INFORMATION

You agree to allow us to keep your personal information after we have finished processing it for its original purpose. You further agree that we can further process your personal information in the future for the purposes mentioned in our terms and conditions and this Notice, without needing to notify you. You can ask us to delete any information we have of you by making a request in writing.

CONTENT LICENSE

We grant you a personal, revocable, worldwide, royalty-free, non-commercial, non-transferrable and non-exclusive license to access our Content on the Service. This license is for the limited purpose of enabling you to use the Service, in the manner permitted by this Notice and the Service’s functionality. In the event we revoke this license, you may no longer access the Service or make any use of our Content.

You acknowledge that you do not acquire any ownership rights or rights of use in or to any Content by copying, reproducing, distributing, transmitting, displaying, broadcasting or publishing that Content except where explicitly permitted to do so.

LIABILITY

This Notice contains provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement with this Notice.

DISCLAIMERS AND LIABILITY LIMITATION

Your use of and reliance through the Service is entirely at your own risk. The Service is provided “As Is” and “As Available”.

To the fullest extent permissible by law, we disclaim all warranties of any kind, whether expressed or implied.

While we take reasonable precautions in our operation of the Service, you agree that we shall not be liable in respect of any Losses however arising and whatever the cause. “Losses” means all losses (including, but not limited to those in respect of injury, damage to physical property or loss of life), liabilities, costs, expenses, fines, penalties, damages and claims, and all related costs and expenses (including legal fees on the scale as between attorney and own client, tracing and collection charges, costs of investigation, interest and penalties).

We will use reasonable endeavours to make the Service available to you, and keep the Service available to you at the appropriate times. However, you agree that we shall not be liable in respect of any Losses caused by or arising from the unavailability of, any interruption in or your access to the Service (either in part or as a whole) for any reason whatever.

INDEMNITY

You indemnify us from any Losses attributable to your use or miss-use of the Service.

THIRD PARTY GOODS AND SERVICES WEBSITES

Your use of third-party goods and/or services which you may link to or access through your use of the Service may be subject to this Notice and/or the terms and conditions applicable to those third-party goods and/or services. You agree that it remains your obligation to familiarize yourself with third parties’ terms and conditions and to comply with both them and this Notice. In the event there is a conflict between this Notice and 3rd Party’s terms and conditions, this Notice shall prevail to the extent of the conflict for the purposes of your Service use.

Links to and from the service from and to third party websites do not constitute Smart Loan’s endorsement of these third party websites or their contents, nor does Smart Loan necessarily associate itself with their owners or operators. You are solely responsible for identifying and familiarizing yourself with any terms and conditions which will govern your relationship with third parties operating the third party websites.

Smart Loan has no control over third party websites, and you agree that we are not responsible for any content, information, goods or services available on or through any third party websites or for any Losses caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any third party websites. You agree that where you access third party websites, you do so entirely at your own risk.

Your interaction, correspondence or business dealings with third party which are referred to or linked from or to the Service is similarly entirely at your own risk and are solely between you and that third party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.

GOVERNING LAW AND JURISDICTION

You agree that the law of Namibia shall govern the Service and this Notice. You consent to the jurisdiction of the Namibian courts in respect of disputes which may arise out of your use of the Service and/or this Notice.

You also irrevocably and unconditionally consent to the jurisdiction of the Magistrates Court, if applicable, even though the value of a claim which we may have against you may exceed the ordinary monetary jurisdiction of the Magistrates Court, if applicable.

DOCUMENTS AND NOTICES

We choose the following addresses for all communication for purposes of this Notice, whether in respect of any court process, notices or other documents or communications of whatsoever nature: enquiries@smart-loan.co.na.