Privacy Policy

INTRODUCTION

This Privacy Policy should be read together with our Website Terms and Conditions which are incorporated by reference into this Privacy Policy. This Privacy Policy supplements our other privacy-related notices and terms and is not intended to override them. In the event of any conflict between any terms in our Website Terms and Conditions and the terms of this Privacy Policy, this Privacy Policy shall prevail. If you or your organisation have entered into an agreement with ProfitShare Partners, please refer to the data protection terms set out in that agreement.

This Privacy Policy is issued on behalf of the ProfitShare Partners Group which is made up of different legal entities. Therefore, any reference to “ProfitShare Partners”, “we”, “us” or “our” in this Privacy Policy, relates to the relevant company in the ProfitShare Partners Group responsible for processing your personal information (“Personal Information”), as defined in the Protection of Personal Information Act 4 of 2013 (the “POPI Act”).

PURPOSE OF THIS PRIVACY POLICY

ProfitShare Partners respects your privacy and is committed to protecting your Personal Information. The purpose of this Privacy Policy is to describe how ProfitShare Partners collects and processes your Personal Information.

PERSONAL INFORMATION WE COLLECT ABOUT YOU

For purposes of this Privacy Policy, Personal Information relates to information that we process as a result of you contacting us, creating a profile, registering on our system, interacting with us, accessing or using our Website or applying for/receiving our business funding solutions.

Personal Information therefore includes:

• certain information collected on creating a profile or registration, application, or verification of an application made in respect of our business funding solutions;
• information that is provided to us voluntarily;
• Personal Information provided to us in terms of any contract entered into with us; and
• Personal Information that any authorised person or third party provides to us on your behalf in order for us to engage with you or verify information in relation to a current or prospective contract.

It is important that the Personal Information we hold about you is accurate, complete and current. Please keep us informed if your Personal Information changes during your interaction or relationship with us.

Common examples:

Depending on the nature of our interaction or relationship with you, common examples of the types of Personal Information which we may collect and process include your:

• identification details;
• contact information; and
• address information.

Personal Information excludes:

• information that has been de-identified or made anonymous so that it does not identify a specific person (whether natural or juristic);
• permanently de-identified or anonymised information that does not relate or cannot be traced back to you specifically; and
• non-personal statistical information collected and compiled by us.

SPECIAL PERSONAL INFORMATION

Unless permitted under the POPI Act, we do not collect or process special Personal Information about you, e.g. information relating to your health, religion, political beliefs, or sexual orientation.

ACCEPTANCE

Acceptance required

By submitting a query or request to us, creating a profile, registering or applying for any business funding solutions via our Website (or otherwise), or contacting us, you agree to be bound by this Privacy Policy. You may not submit a query or request, create a profile, register or apply for any business funding solutions via our Website (or otherwise), or contact or interact with us if you do not accept this Privacy Policy.

Any reference to “acceptance” or “consent”, includes the ticking of a tick-box, clicking on the “send”, “submit” or the “I agree” button on our Website, sending an email to addresses provided on our Website, or otherwise directly interacting with us.

By accepting this Privacy Policy, you are considered to have read, understood, accepted, and agreed to be bound by all of its terms.

Legal capacity

If you are younger than 18 (eighteen) years of age or do not have legal capacity to conclude legally binding contracts, you may not create a profile, register or apply for any business funding solutions or submit your Personal Information to us (whether through our Website or otherwise) unless permitted by law.

Your obligations

You may only provide your own Personal Information or the Personal Information of another identifiable natural or juristic person to us where you have their consent to do so.

You warrant that you have obtained the necessary consent and based on this warranty, ProfitShare Partners will process the Personal Information. By submitting Personal Information on behalf of another person/data subject, and to the extent permitted by law, you indemnify us against any third party claim, where such third party claim relates to Personal Information that has been processed without the necessary consent or other available exception allowed by law.

HOW IS YOUR PERSONAL INFORMATION COLLECTED?

We use different methods to collect data including through:

Direct interactions

You may provide us with your Personal Information when you engage or interact with us by phone, email, letter or otherwise. This includes Personal Information that you provide when you request marketing be sent to you, participate in discussion boards or other social media functions on our Website or otherwise, participate in promotions or complete surveys, lodge a complaint, or give us feedback.

Creating a profile or registering

Creating a profile, registering and applying for business funding solutions is completely optional. Should you wish to create a profile, register and apply for business funding solutions via our Website or to enter into a contract with us for business funding solutions, we will request certain Personal Information about you in order to comply with our legal obligations. To create a profile with us, register or apply for business funding solutions, you will be required to submit certain KYC (Know Your Customer) information, including the entity name and registration number, email address, and contact number. 

Automated technologies or interactions

We automatically collect technical data about your device, browsing actions and patterns as you use the Website. We collect this Personal Information by using cookies and other similar technologies.

Third parties or publicly available sources

For operational reasons, we work closely with other third parties (including, for example, business partners, sub-contractors in technical and payment services, analytics providers, search information providers, credit reference agencies) and we may receive Personal Information about you from them where they are legally allowed to share your Personal Information with us.

PURPOSE OF COLLECTION OR PROCESSING

We collect and process your Personal Information for various purposes, including:

• providing business funding solutions (for example, assessing your application, responding to your application, requesting information or fulfilling our contractual obligations to you);
• managing, supporting or operating our business, including transfers of Personal Information to third parties for business and administrative purposes (like verifying information through third party verification agencies);
• business requirements, such as finance, business planning, joint ventures, or other proposed and actual transactions;
• to update your Personal Information, as and when required;
• where you are a current client of ours, to promote our business, such as, providing you with information related to surveys and promotions or our business funding solutions (unless you elect to opt out);
• pursuing our legitimate interests; and
• for legal purposes, such as, complying with the law, regulations or pursuing good governance.

Any failure to provide us with your Personal Information (where requested) may, depending on the purposes in respect of which we collect or process that information (as set out above), impact your application for business funding solutions or the contract that we have or may enter into with you. We will notify you if this is the case at the time.

USE

Personal Information that you provide to us will only be used or processed for the purposes set out in this Privacy Policy or for a purpose that is compatible with the primary purpose. 

If we need to process your Personal Information for an unrelated purpose, we will notify you and we will obtain your consent or explain the legal basis which allows us to do so.

GROUNDS FOR PROCESSING

Depending on the purpose for which the processing activity is undertaken and the nature of our relationship with you, we may rely on one or more of the following legal grounds when we collect or process any Personal Information that you provide to us:

• where processing is necessary for the conclusion or performance of a contract to which you are a party;
• where processing is necessary to protect a legitimate interest of the data subject;
• where processing is necessary for pursuing our legitimate interests (or those of a third party with whom we share your Personal Information);
• where processing is necessary to comply with a legal obligation on us; and/or
• where you have consented.

CONSENT TO COLLECTION OR PROCESSING

Where we rely on your consent, you will be considered to have furnished such consent when you provide us with Personal Information in the following circumstances:

• when you create a profile or register via our Website;
• upon completion or signature of any transaction documents;
• upon your signature of a contract relating to our business funding solutions;
• on submission of a query or request to us via our Website; and/or
• other direct interaction.

Where we process Personal Information based on your consent, you have the right to withdraw your consent at any time for future processing subject to the terms and conditions set out in the POPI Act and/or our contract with you (where applicable). We will advise you of these terms at the time you wish to withdraw your consent.

You have the right to withdraw consent where a third party has provided any of your Personal Information to us when registering you on any of our platforms, systems, or sites subject to the terms and conditions set out in this Privacy Policy, the POPI Act and/or our contract with you (where applicable).

DATA RETENTION

We will only retain your Personal Information for as long as it is necessary to fulfil the purposes set out in this Privacy Policy, unless a longer retention period of the record is:

• required by law;
• required for lawful purposes related to our functions;
• agreed upon in terms of any contract entered into with us; or
• consented to, in which case, we will retain Personal Information in line with your consent.

During the period of retention, we will continue to abide by our confidentiality and legal obligations regarding your Personal Information. In certain circumstances we will anonymise your Personal Information (so that it is de-identified and can no longer be associated with you) for data analysis or statistical purposes, in which case we may use this information indefinitely without further notice to you.

Copies of any correspondence transmitted by or to you, that may contain your Personal Information, are stored as archives for record-keeping and back-up purposes only.

Where we retain your Personal Information as permitted above, we may do so in physical or electronic form at our discretion.

DISCLOSURE OF PERSONAL INFORMATION

We may share Personal Information for the purposes set out above, as the case may be:

• with our affiliates and subsidiaries, including our employees, contractors and consultants;
• with our service providers under contract including their employees, contractors and consultants;
• where third party verifications are necessary in respect of a prospective or current contract;
• with credit bureaus to verify information or report account information, as permitted by any transaction document, contract or by law;
• with social media platforms when tools or functionality is used on our website provided by those platforms (such as the “recommend” or “share” buttons);
• with public or government authorities to comply with applicable law or to respond to legal processes;
• for business transactions such as mergers, acquisitions, sale of assets, or as part of a due diligence; and
• with the consent of the data subject.

Any parties (other than in the case of public or government authorities) with whom we share Personal Information are required to implement appropriate data protection and security measures to protect Personal Information and are not permitted to use Personal Information for any purpose other than the purpose for which they are provided with or given access to Personal Information. 

INTERNATIONAL TRANSFERS

Our fintech platform is hosted on a Microsoft cloud platform (“Cloud”). Our use of the Cloud means that Personal Information provided to us may be processed on the Cloud’s servers and facilities, which may be located in countries or regions outside South Africa. We will ensure that such transfers comply with applicable data protection laws, including ensuring an adequate level of protection or appropriate safeguards. While some foreign countries may have adequate data protection laws, other countries’ laws may be less stringent. 

DATA SECURITY

We are committed to protecting your Personal Information from accidental or unlawful destruction, loss, alteration, unauthorised access or disclosure by using a combination of technical and organisational security measures and requiring that third parties to whom we disclose your Personal Information do the same. We also review and update our security measures in light of current technologies. 

UNAUTHORISED DISCLOSURE

Despite taking the appropriate security measures to safeguard your Personal Information, no data transmission over the internet can be guaranteed to be totally secure. Therefore, to the extent permitted by law, we cannot accept any liability whatsoever for unauthorised or unlawful disclosure of your Personal Information by third parties who are not subject to our control.

SECURITY COMPROMISES

We will notify the Regulator and you of any compromises to your Personal Information in accordance with the POPI Act. 

If you are a customer or supplier of a client of ours, we will notify our client immediately where there are reasonable grounds to believe that there has been unauthorised access to your Personal Information in accordance with the POPI Act and it is our client’s responsibility to notify the Regulator and any other affected natural or juristic persons of the security compromise. 

YOUR RIGHTS UNDER THE POPI ACT

We will process any requests that you make relating to your rights (“Rights Request”) in accordance with the POPI Act and as soon as reasonably practicable. To better protect you and safeguard your Personal Information, we will take steps to verify your identity before processing any Rights Requests related, among others, to the following rights. Should you wish to exercise any of your rights under the POPI Act, submit a Rights Request or obtain information related to your rights, please contact our Information Officer (details below) for assistance. 

Access to Personal Information

You have the right to obtain certain information from us in respect of your Personal Information and to access a copy of your Personal Information from us in a form that is generally understandable on request. There may be a fee associated with this Rights Request, as permitted by applicable law, which we will advise you of at the time of your Request.

Rectification

We will try to keep the Personal Information that we collect about you as accurate, complete and up to date as is necessary for the purposes defined in this Privacy Policy and may from time to time request you to update your Personal Information.  If you find that any of your Personal Information is incorrect, incomplete or outdated at any stage during your interaction or relationship with us, you may contact our Information Officer (details below) to have your Personal Information rectified. We may verify the accuracy of the new information that you provide us with prior to rectifying the Personal Information we have on record.

Deletion of Personal Information

You have the right to request the deletion of your Personal Information in certain circumstances. We will delete any Personal Information that you do not wish for us to have or process unless we are legally required or entitled to retain or process such Personal Information. 

Objection to processing

You may object to the processing of your Personal Information in certain circumstances. Upon receipt of your objection, we will immediately stop processing the relevant Personal Information unless there is a legal ground for us to continue to do so.

Restriction of processing

You may request that we restrict the use or processing of your Personal Information in certain circumstances. We will restrict the use or processing of the relevant Personal Information unless there is a legal ground for us to continue to use or process such information.

Automated decision making

You have the right not to be subject to a decision based solely on automated processing (including profiling) which results in legal consequences for you, or similarly affects you to a substantial degree, except in certain circumstances.

Lodge a complaint

You have the right to lodge a complaint with the Information Regulator of South Africa. We request that you to first refer your complaint to our Information Officer (as set out below).

COMPLAINTS

We endeavour to process your Personal Information in accordance with the POPI Act and applicable industry standards. Should you have any complaints about the manner in which we process your Personal Information, feel free to get in touch with our Information Officer (details below) in order for us to resolve the matter timeously. 

LIMITATIONS

If you are a customer or supplier of a client of ours, please submit any Rights Request or query you may have regarding your Personal Information directly to our client in order for our client to respond to you.

MARKETING

You will receive marketing communications from us, where permitted by applicable law, if you have requested information from us, have entered into an agreement with us, or if you wish to participate in a survey or promotion.

OPTING OUT

You may opt out of any marketing or promotional material should you no longer wish to receive these for any reason by following the opt out or unsubscribe links on the communication or Website.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, certain features of the Website may become inaccessible, inoperable or unresponsive.

THIRD PARTY LINKS

This Privacy Policy applies to ProfitShare Partners. However, our Website may, from time to time, contain links to and from third party websites, such as those of our content creation, development and distribution networks and their affiliates. These websites have their own privacy policies. We do not accept any responsibility or liability for these policies, or for the conduct of third parties linked to our Website, nor can we give any warranties or make any representations in respect of the privacy policies or practices of any third parties. We recommend that you to review the third parties’ policies before you submit any Personal Information via these websites. Your use of any third party website is subject to that third party’s privacy policy or practice and is at your own risk.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy was last updated on 23 April 2026. We reserve the right, at our sole discretion, to update, modify or replace this Privacy Policy at any time by updating this web page. We encourage you to regularly review this Privacy Policy to stay informed about our privacy practices and any changes to this Privacy Policy. Any new version of this Privacy Policy will apply immediately upon publication on our Website or upon incorporation by reference in any communication.

ENQUIRIES

We welcome your comments and feedback. If you have any questions or concerns relating to this Privacy Policy, or if you do not understand it or do not agree with it, please contact our Information Officer (details below):