2.1. Sobek IMF’s business and operating language is English.

2.2. Sobek IMF will provide the required documents and support in terms of the Act in plain language as far as reasonably possible. For the purposes of the Act and this policy, a document is in plain language if it is reasonable to conclude that an ordinary consumer of the class of persons, for whom the document is intended, with average literacy skills and minimal credit experience, could be expected to understand the content, significance, and import of the document without undue effort. Sobek IMF will have regard to –

• the context, comprehensiveness and consistency of the document;

• the organisation, form and style of the document;

• the vocabulary, usage and sentence structure of the text; and

• the use of any illustrations, examples, headings, or other aids to reading and understanding.

2.3. Sobek IMF will provide new pre-agreement statements, quotations and credit agreements mainly in English and will be available in the following 2 (two) languages upon request:

• isiZulu

• Sesotho

2.4. Sobek IMF’s marketing and advertising material relating to Sobek IMF’s services is available in English. The marketing and advertising material on Sobek IMF’s website relating to Sobek IMF’s services are only available in English.

2.5. Sobek IMF will provide support in English. Should the client wish to receive assistance, the client will be contacted by us within 24 hours and assisted in English.

2.6. Insofar as any documents are required in terms of the Act, Sobek IMF will furnish such documents in English.

3.1. This document that will be monitored and reviewed every 2 years in order to maintain good standards based on consumer demographics and meet Sobek IMF’s client and legislative requirements.

3.2. This language policy will be made available on Sobek IMF’s website: www.sobekimf.co.za.

These terms and conditions relate to the access and use of the Sobek IMF website (www.sobekimf.co.za), hereinafter referred to as the “website”.

The Sobek IMF website is owned by Sobek IMF (Pty) Ltd, with its registered address at Sobek House, 452 Ontdekkers Road, Florida Park, Roodepoort, 1709. All of our rights and/or defenses as set out in this document shall be for the benefit of our company.

4.1. While Sobek IMF makes every effort to update the information provided on the website on a regular basis, Sobek IMF makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website.

4.2. These terms and conditions may be amended from time to time, in the sole discretion of Sobek IMF.

4.3. The updated terms and conditions will be made available on the website: www.sobekimf.co.za.

4.4. Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available on the website to Sobek IMF. Sobek IMF in turn undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

5.1. The use of this website together with the content contained therein is provided as is, and although Sobek IMF endeavors to provide accurate information, we cannot provide any guarantees in this regard.

5.2. The terms and conditions set out in this document are binding and legally enforceable against any person, who accesses or uses the Sobek IMF website.

5.3. By using this website, you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.

5.4. Users may view, download or print information that is available on our website, provided it is done for personal use and not for commercial purposes.

5.5. Users may not use our website for (including, but not limited to) illegal, offensive, nuisance or damaging purposes; or to create, store or send unsolicited communications.

5.6. The creation of any links to our website from any other site whatsoever is strictly prohibited.

5.7. Users may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from this website or its content.

5.8. Users may not use any robot, spider, web crawlers, other automatic software or device, or manual process to monitor, search or copy our website or its content without the prior written permission from Sobek IMF.

5.9. Users may not use this website to transmit any false, misleading, fraudulent or illegal communications.

5.10. We reserve the right to restrict your use and access to our website or part thereof in the event of any unauthorised use.

5.11. Please do not use our website if you do not agree to be bound by these terms and conditions.

6.1. The content on this website is for your personal use only and not for commercial exploitation.

6.2. You agree to use the website for the purpose created and not abuse any of Sobek IMF’s rights in terms of intellectual property infringements.

6.3. Copyright and trademark rights may subsist in some or all of the content on our website.

6.4. Unauthorized use, reproduction, copying, dissemination, modification and/or distribution are strictly prohibited and constitute an infringement of our intellectual property right.

7.1. External hyperlinks may appear on our website from time to time. This does not imply that there is any relationship between us and any linked third party, nor do we necessarily endorse any such third party, its products and/or services or the security of their website. By using the link, you do so entirely at your own risk.

7.2. Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Unless the information originates from us, your reliance on any information contained in such material is entirely at your own risk.

8.1. Sobek IMF deals with your information only as directed by you or in accordance with current legislation that applies to us.

8.2. Please refer to our Privacy Policy, available at www.sobekimf.co.za.

9.1. Any dispute arising in relation to our agreement with you, shall to the extent permitted by law, be referred to arbitration in Johannesburg at a venue to be determined by us applying the rules of the Arbitration Foundation of South Africa.

9.2. For any complaints, please refer to the Complaints Management section (Policy 3), available on www.sobekimf.co.za.

10.1. When you use our website, you do so entirely at your own risk.

10.2. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available is free from viruses or other harmful components.

10.3. Sobek IMF shall not be held liable, in any manner whatsoever, for any damage or loss sustained by you, or a third party, arising out of your access or use of our website, or reliance on any information contained thereon.

This agreement is governed by the laws of the Republic of South Africa, irrespective of whether or not you are South African or are accessing our website outside of the Republic of South Africa

12.1. Sobek IMF shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions without notice to you.

12.2. If any provision of these terms and conditions which is or becomes unenforceable, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, only to the extent that it is so unenforceable, be treated as not having been written and the remaining provisions of these terms and conditions shall remain in full force and effect.

All terms and conditions relating to a loan application or loan agreement are contained on the Sobek IMF loan document (i.e. quotation, application).

The purpose of this document is to inform the client of how they can make use of Sobek IMF complaints resolution system, to their advantage. In terms of the General Code of Conduct, a Financial Services Provider (FSP) must maintain an internal complaints resolution procedure in the event that a client complains about a financial service rendered by the FSP or a Representative of the FSP. We pride ourselves in our superior service to our customers, including the resolution of complaints in a transparent and effective manner. We are committed to resolve complaints by means of a fair and practical resolution process and in the event that we are at fault, we aim for full and appropriate redress without delay. In the event that we need to offer redress where a complaint has not been dealt with correctly, we will try to satisfy all of our customers accordingly, even if you haven’t complained.

3.1. “Complaint” means any oral or written expression of dissatisfaction or unfairness, whether justified or not, relating to any product, marketing, service, administration, claim or agreement with a financial institution.

3.2. “Ombud” means the Ombud for Financial Services Providers appointed in terms of FAIS and includes the deputy Ombud.

4.1. COMPLAINT HAS TO BE IN WRITING In order for a complaint to receive the attention that it deserves, we request that your complaint is submitted to us in writing. Please ensure, that where the complaint is delivered by hand or by any other means, that you retain proof of delivery. Complaints submitted via email should be sent to complaints@sobekimf.co.za.

4.2. INFORMATION REQUIRED WHEN SUBMITTING A COMPLAINT In order for Sobek IMF to effectively and swiftly resolve a complaint, please ensure that the following information is included and complete when submitting a complaint:

• Client name and surname

• Client email address

• Client cell phone number

• Sobek IMF representative related to the complaint

• Sobek IMF branch that is related to the complaint

• Date on which the complaint arose

• Nature of the complaint

4.3. COMPLAINT HAS TO BE RELEVANT We will endeavour to address all reasonable requests from our clients but may also refer you to a more appropriate facility. Where the complaint pertains to any aspect of our service, or any disclosures that ought to be made by us, we will endeavour to address those complaints in writing, within 30 working days. In instances where the complaint pertains to something not within our control, such as product information or investment performance we will forward the complaint to the product provider concerned.

4.4. HOW THE COMPLAINT WILL BE PROCESSED The following is a step-by-step guideline of how a complaint will be dealt with, once received by us:

• The complaint will be lodged in our central complaints register on the same day that it is made and confirmation of receipt forwarded to you.

• The complaint is immediately brought to the attention of the Key Individual of Sobek IMF for allocation to a trained and skilled person who specialises in that type of complaint.

• The complaint will be investigated and we will revert to you with our findings within 30 working days.

• In the event that you are not satisfied with our solution, you may refer the complaint to the Managing Director of our business. The Managing director may amend the solution or confirm it. Please be informed that certain decisions may have to be approved by the Board or Management committee of the organisation. In such a case, we will communicate that fact to you, as well as the date on which a decision will be taken. In the event of us not reverting to you within the time periods indicated above, kindly contact Ms. Y. Eldidy (Director) on 011 472 9294, in this regard. Please do not accept any communication from any person until it has been confirmed in writing.

If, after having referred the complaint to the Managing Director, you are still not satisfied with the outcome, we will regard the complaint as being unsatisfactorily resolved. In such a case, you may approach the office of the Ombud for Financial Services Providers or take such other steps as may be advised by your legal representatives. The referral to the office of the Ombud must be done in accordance with the provisions of section 27 of the FAIS Act and the rules promulgated in terms of that section. In instances where we have not been able to arrive at a resolution within six weeks after you have lodged your complaint, the matter may automatically be referred to the Ombud. If a complaint has not been resolved within 6 weeks or where the complaint has been dismissed or where the client is not satisfied with the results of the investigation into the complaint; the client may, within 6 months of such feedback from the FSP refer the complaint to the Ombud for Financial Services Providers (FAIS Ombud). The Ombud will not adjudicate in matters exceeding a value of R800,000.00. The Ombud may be contacted at his offices in Pretoria, at the following address:

The Consumer Contact Division

The FAIS Ombudsman

Baobad House, Eastwood Office Park, Lynwood, Pretoria

Postal Address: P.O. Box 74571, Lynwood Ridge, 0040

2.1. This policy will set out the manner in which personal information of internal and external parties is collected, managed, stored, used and protected by Sobek IMF. This policy applies to all employees of Sobek IMF.

2.2. The objectives are to:

• Process personal information lawfully in terms of legislation;

• Provide a guideline as to the manner in which Sobek IMF processes and protects personal information;

• Adopt good practices in terms of processing of personal information;

• Protect Sobek IMF from the consequences of breaching its responsibilities; • Display the commitment of Sobek IMF to uphold and respect information privacy.

3.1. “Personal information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to-

• information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

• information relating to the education or the medical, financial, criminal or employment history of the person;

• any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

• the biometric information of the person;

• the personal opinions, views or preferences of the person;

• correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

• the views or opinions of another individual about the person; and

• the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

3.2. “Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including-

• the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;

• dissemination by means of transmission, distribution or making available in any other form; or

• merging, linking, as well as restriction, degradation, erasure or destruction of information;

4.1. Sobek IMF may collect and process the following types of information:

• Company details, including registration number, contact details, VAT numbers, directors’ details

• Bank statements

• Payslips

• Name and surname

• Identity number (date of birth)

• Gender

• Contact details, including email address, telephone numbers, address

• Credit reports

• Employment information

• Client payment reports

• Employee data, including salary, disciplinary records, banking details, medical information, account numbers, tax information

• Settlement letters/invoices from creditors or suppliers

Sobek IMF undertakes to comply with the 8 conditions for the lawful processing of personal information:

5.1. Accountability Sobek IMF takes responsibility and remains accountable for personal information in our possession and processed by us. Sobek IMF will ensure that the conditions for lawful processing are given effect to and complied with.

5.2. Processing limitation

5.2.1. Sobek IMF undertakes to process personal information-

• lawfully;

• in a reasonable manner that does not infringe the privacy of the data subject;

• in a manner that is adequate, relevant and not excessive.

5.2.2. Personal information will only be processed if-

• the data subject or a competent person, where the data subject is a child, consents thereto;

• processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is party;

• processing complies with an obligation imposed by law;

• processing protects a legitimate interest of the data subject;

• processing is necessary for the proper performance of a public law duty by a public body; or

• processing is necessary for pursuing the legitimate interests of the responsible party or of a third party to whom the information is supplied.

5.2.3. Personal information will be collected directly from the data subject, unless

• the information is contained in or derived from a public record or has deliberately been made public by the data subject;

• the data subject or a competent person, where the data subject is a child, has consented to the collection of the information from another source;

• collection of the information from another source would not prejudice a legitimate interest of the data subject;

• collection of the information from another source is necessary;

• to avoid prejudice to the maintenance of the law by any public body;

• to comply with an obligation imposed by law or to enforce legislation;

• for the conduct of proceedings, in any court or tribunal, that have commenced or are reasonably contemplated;

• in the interests of national security; or

• to maintain the legitimate interests of the responsible party or of a third party to whom the information is supplied;

• compliance would prejudice a lawful purpose of the collection; or

• compliance is not reasonably practicable in the circumstances of the particular case.

5.3. Purpose specification

5.3.1. Sobek IMF will collect personal information for the following and related purposes:

• Affordability check

• Fraud check

• Credit qualification and risk

• Delivering of Services

• Complying with contracts

• Confirmation of employment

• Debt collection, including tracing in the event of default on payment

• Invoice and Quoting purposes

• Compliance with legislation

• Vetting of employees

• Communication with clients and suppliers

5.3.2. Once personal information, processed and stored by Sobek IMF, has reached its expiry date or becomes in any way redundant, Sobek IMF will destroy or delete the record of personal information in a manner that prevents its reconstruction in an intelligible form.

5.4. Further processing limitation Sobek IMF undertakes to carry out any further processing of personal information in accordance or compatible with the purpose for which it was collected originally.

5.5. Information quality Sobek IMF will take reasonably practicable steps to ensure that the personal information is complete, accurate, not misleading and updated where necessary.

5.6. Openness

5.6.1. Sobek IMF will maintain the documentation of all processing operations under its responsibility.

5.6.2. If personal information is collected, Sobek IMF will take reasonably practicable steps to ensure that the data subject is aware of-

• the information being collected or the source from which it is collected;

• the name and address of the responsible party;

• the purpose for which the information is being collected;

• whether or not the supply of the information by that data subject is voluntary or mandatory;

• the consequences of failure to provide the information;

• any particular law authorising or requiring the collection of the information;

• the fact that, where applicable, the responsible party intends to transfer the information to a third country or international organisation and the level of protection afforded to the information by that third country or international organisation;

• any further relevant information

5.7. Security safeguards

5.7.1. Sobek IMF undertakes to secure the integrity and confidentiality of personal information in its possession or under its control. This is done by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unauthorised destruction of personal information; and unlawful access to or processing of personal information.

5.7.2. Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, Sobek IMF will notify, as soon as reasonably possible after the discovery of the compromise;

• the Regulator; and

• the data subject, unless the identity of such data subject cannot be established.

5.7.3. Sobek IMF has put in place the following adequate safeguards to secure the integrity and confidentiality of personal information:

• Physical access security to the building

• Password protection on Loan Management systems

• Password protection on all computer logins

• Anti-virus on all computers

• Firewalls

5.8. Data subject participation If you have any questions or concerns regarding this Privacy Policy, your personal information held, correction or deletion of personal information or updating personal information, you should contact us on info@sobekimf.co.za.

Sobek IMF collects personal information in the following manners:

• Voluntary disclosure via multiple sources

• Telephonically

• Website forms

• Credit bureau systems

• Email

• Agents and brokers

• Credit applications

• Supplier applications

This manual was drafted in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA). This manual serves to provide guidance on which information is available and the manner in which information may be requested from Sobek IMF.

3.1. “head” of, or in relation to, a private body means – in the case of a juristic person – the chief executive officer or equivalent officer of the juristic person or any person duly authorised by that officer; or the person who is acting as such or any person duly authorised by such acting person;

3.2. “private body” means – a natural person who carries or has carried on any trade, business or profession, but only in such capacity; a partnership which carries or has carried on any trade, business or profession; or any former or existing juristic person, but excludes a public body;

3.3. “record” of, or in relation to, a public or private body, means any recorded information – regardless of form or medium; in the possession or under the control of that public or private body, respectively; and whether or not it was created by that public or private body, respectively;

Name of business: Sobek IMF (Pty) Ltd

Company registration number: 2018/255425/07

Physical address: Sobek House, 452 Ontdekkers Road Florida Park, Roodepoort Johannesburg, 1709

Postal address: PO Box 415 Randpark Ridge, Johannesburg, 2158

Telephone number: 011 472 9294

Fax number: 011 388 5281

Designated person: Ms. Y. Eldidy

Email address: compliance@sobekimf.co.za

Website address: www.sobekimf.co.za

Head of business: Ms. Y. Eldidy

The Guide on how to use PAIA, as provided for in section 10 of PAIA is available from the South African Human Rights Commission, as well as on the link below:

“South African Human Rights Commission”

South African Human Rights Commission:

Postal Address: The South African Human Rights Commission PAIA Unit Private Bag 2700, Houghton, 2041

Telephone Number: +2711 877 3600

Fax Number: +2711 403 0625

Email: paia@sahrc.org.za

Website: www.sahrc.org.za

A requester must be given access to any record of a private body if – That record is required for the exercise or protection of any rights; that person complies with the procedural requirements in this Act relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal.

Sobek IMF makes certain information available voluntarily, which information is freely accessible via the following means:

www.sobekimf.co.za

Pamphlets / Brochures

Marketing and promotional material

8.1. A request for information, includes a request for access to a record containing personal information about the requester or the person on whose behalf the request is made.

8.2. Information that is not readily available as indicated in this manual, may be requested on the prescribed form (form C) to the address provided by Sobek IMF in this manual.

8.3. The form on which the request is made, must at least contain the following information:

8.3.1. sufficient particulars to enable the head of the private body concerned to identify - the record or records requested; and the requester; which form of access is required;

8.3.2. a postal address or fax number of the requester in South Africa;

8.3.3. the right the requester is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right;

8.3.4. if, in addition to a written reply, the requester wishes to be informed of the decision on the request in any other manner, to state that manner and the necessary particulars to be so informed;

8.3.5. and if the request is made on behalf of a person, to submit proof of the capacity in which the requester is making the request, to the reasonable satisfaction of the head.

8.4. Copies of the prescribed forms to be completed for submitting a request, are available from Sobek IMF or the South African Human Rights Commission (SAHRC). The SAHRC may be contacted on the details provided for in clause 5 of this manual, or the link below: http://www.sahrc.org.za/home/index0209.html?ipkContentID=28&ipkMenuID=48

9.1. The head of a private body to whom a request for access is made must require the requester to pay the prescribed request fee (if any), before further processing the request.

9.2. If the search for a record of a private body in respect of a request has been made; and the preparation of the record for disclosure would, in the opinion of the head of the private body concerned, require more than the hours prescribed for this purpose for requesters, the head must by notice require the requester, to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted.

9.3. If a deposit has been paid in respect of a request for access which is refused, the head of the private body concerned must repay the deposit to the requester.

9.4. The head of a private body may withhold a record until the requester concerned has paid the applicable fees (if any).

9.5. A requester whose request for access to a record of a private body has been granted, must pay an access fee for reproduction and for search and preparation, respectively, for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure.

9.6. Access fees prescribed must provide for a reasonable access fee for – the cost of making a copy of a record, or of a transcription of the content of a record, and, if applicable, the postal fee; and the time reasonably required to search for the record and prepare the record for disclosure to the requester.

The requested may apply to access to the following categories of information on the prescribed form and in accordance to the procedure set out in this manual. Access to these records may be subject to the grounds of refusal set out in clause 12:

• Personnel records

• Customer records

• Sobek IMF records

• Other party records

- Basic Conditions of Employment Act 75 of 1997

- Companies Act 71 of 2008

- Employment Equity Act 55 of 1998

- Income Tax Act 58 of 1962

- Occupational Health and Safety Act 85 of 1993

- South African Revenue Services Act 34 of 1997

- Skills Development Levies Act 9 of 1999

- Unemployment Contributions Act 4 of 2002

- Value Added Tax Act 89 of 1991

- Financial Services Board Act 97 of 1990

- Broad-based Black Economic Empowerment Act 53 of 2003

Sobek IMF may refuse a request for information on, inter alia, the following basis: Protection of personal information, including the right to privacy of a third party, in order to avoid the unreasonable disclosure of personal information concerning that person; Protection of the commercial information of a third party; Protection of confidential information of third parties if disclosure would constitute an action for breach of a duty of confidence owed to that third party in terms of an agreement or legislation; Protection of the safety of individuals and the protection of property; Protection of records which would be privileged from production in legal proceedings; Protection of Sobek IMF’s commercial activities including, but not limited to records that contain trade secrets, financial, commercial, customer, scientific or technical information, the disclosure of which would be likely to cause harm to Sobek IMF’s commercial or financial interests; Protection of research information of Sobek IMF or a third party, if disclosure would expose the identity of Sobek IMF or the third party, the researcher or the subject matter of the research to serious disadvantage. Requests for information that are, in Sobek IMF’s reasonable opinion, manifestly frivolous or vexatious or which involve an unreasonable diversion of resources.

Copies of this manual are available for inspection, free of charge, at the offices of Sobek IMF and from the SAHRC.