Credit Assessment, Data-Sharing & Marketing Consent

The consents below are separate and independent. You may give some and withhold others. Granting or withholding the marketing consent (clause 5) does not affect your access to the Platform or the assessment of any funding application. Each consent is presented for separate acceptance in the application flow.

1. Consent — credit assessment and bureau records

By accepting this consent, you authorise Cape Mutual to:

  • obtain consumer and commercial credit bureau records relating to you and, where applicable, the business you represent;
  • verify your identity and banking information;
  • obtain and analyse transactional information;
  • create and maintain internal credit, behavioural and affordability profiles; and
  • assess your eligibility for funding products, and generate pre-qualified and indicative funding offers.

You acknowledge that submission of information does not guarantee funding approval.

2. Consent — sharing with funders and lending partners

By accepting this consent, you authorise Cape Mutual to share your information with funders and lending partners where necessary to assess, structure, offer or provide funding to you, on terms that require those recipients to protect your information in accordance with applicable law.

3. Consent — source-of-funds and verification (FICA)

By accepting this consent, you authorise Cape Mutual to verify your identity, bank accounts and, where required, source-of-funds and source-of-wealth information, and to conduct the customer due diligence, screening and ongoing monitoring required under FICA.

4. Consent — cross-border transfer (section 72 of POPIA)

By accepting this consent, you consent, for the purposes of section 72(1)(b) of POPIA, to the transfer of your transactional information (and, where necessary in a particular case, your personal and business information) to Cape Mutual’s operator in the Republic of Rwanda, which processes that information on Cape Mutual’s behalf under a binding agreement that provides an adequate level of protection. The detail is set out in clause 7 of Document B.

5. Consent — direct marketing (separate and optional)

This consent is optional and severable. By accepting it, you consent to Cape Mutual contacting you by electronic communication (including email, SMS and in-app messaging) about funding opportunities, financial products, product updates, educational content and business development opportunities.

You may opt out of direct marketing at any time, at no cost, by using the unsubscribe link or instruction in any marketing message, by adjusting your notification preferences in the app, or by contacting the Information Officer in Annexure 1. Opting out does not affect your access to the Platform, any existing facility, or the assessment of any funding application. Where you are an existing customer, we may contact you about similar products on the limited basis permitted by section 69 of POPIA, and the same opt-out applies.

6. Automated decision-making (section 71 of POPIA)

Cape Mutual may use automated processing, including profiling, scoring, algorithms and statistical models, to assess affordability, fraud risk and creditworthiness and to support credit and risk decisions.

Where a decision that produces legal effects for you or affects you to a substantial degree is based solely on automated processing, section 71 of POPIA gives you rights. In particular:

  • such a decision may be taken where it is necessary for entering into, or the performance of, a contract with you, or where appropriate measures protect your legitimate interests;
  • you may make representations about the decision and request that it not be based solely on automated processing; and
  • on request, Cape Mutual will provide sufficient information about the underlying logic of the automated processing to enable you to make those representations, and will reconsider the decision with human involvement.

To exercise these rights, contact the Information Officer using the details in Annexure 1.

7. Consent — anonymised data for analytics and model development

By accepting this consent, you authorise Cape Mutual to use anonymised and aggregated information for analytics, research, model development and service improvement, on the basis that such information does not identify you personally.

8. General

You may withdraw a consent at any time by contacting the Information Officer, subject to any processing Cape Mutual is required or entitled to continue under applicable law (including NCA and FICA obligations). Withdrawal does not affect the lawfulness of processing carried out before withdrawal.