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MARLINCREDIT

Legal

PAIA manual

How to request access to our records, and how we process personal information.

Last updated:

This manual is published by Marlin Credit (Pty) Ltd (“Marlin Credit”) in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA), as amended. It also describes how we process personal information under the Protection of Personal Information Act 4 of 2013 (POPIA).

1. What this manual is for

This manual helps you to:

  • see which of our records are available without a formal request;
  • understand the subjects on which we hold records, and the categories of records we hold;
  • know how to request access to a record, and what fees apply;
  • contact our Information Officer;
  • find the Information Regulator's guide on how to use PAIA; and
  • understand how we process personal information, who receives it, whether it leaves South Africa, and how we protect it.

2. Our contact details

CompanyMarlin Credit (Pty) Ltd
Legal statusPrivate company, registered in South Africa
Company registration number2000/012807/07
National Credit RegulatorRegistered credit provider, NCRCP327
Head office17 Victoria Road, Oakdale, Bellville 7530, Western Cape
Telephone021 949 0930
Emailinfo@marlincredit.co.za
Websitemarlincredit.co.za

Information Officer

Requests for access to records, and questions about this manual or about personal information, go to our Information Officer:

  • Email: info@marlincredit.co.za (write “For the attention of the Information Officer” in the subject line)
  • Telephone: 021 949 0930
  • Address: 17 Victoria Road, Oakdale, Bellville 7530

3. The Information Regulator's guide on how to use PAIA

The Information Regulator has updated and made available a guide on how to use PAIA (the “Guide”), as section 10 of PAIA requires. The Guide is meant to help anyone who wants to use their rights under PAIA and POPIA. Among other things, it explains:

  • the objects of PAIA and POPIA;
  • how to make a request for access to a record of a private body;
  • the help available from the Information Regulator;
  • the remedies available, including how to complain to the Information Regulator or apply to court;
  • the fees payable for requests for access; and
  • the regulations made under PAIA.

You can read the Guide on the Information Regulator's website, in all the official languages: Guide on how to use PAIA (English, PDF), or all languages on the PAIA page. You can also ask our Information Officer for a copy.

4. Records available without a request

Everything published on this website is available to anyone without a PAIA request. This includes information about our bridging loans, our costs page, our privacy policy, cookie policy, complaints page, website terms and this manual.

5. Records kept in terms of other legislation

We keep records as required by the legislation that applies to us. This includes the following (the list is not complete):

LegislationExamples of records
Companies Act 71 of 2008Company registration and statutory company records
National Credit Act 34 of 2005Registration as a credit provider (NCRCP327), credit applications, assessments and agreements
Promotion of Access to Information Act 2 of 2000This manual and records of requests for access
Protection of Personal Information Act 4 of 2013Records of how personal information is processed, and of data subjects' requests
Electronic Communications and Transactions Act 25 of 2002Information about us published on this website
Tax legislationTax records
Labour and employment legislationEmployee records

Records held under these laws are available only as those laws and PAIA allow.

6. Subjects on which we hold records

SubjectCategories of records
Company and regulatoryCompany registration records; registration with the National Credit Regulator; membership of the Credit Association of South Africa (CASA); correspondence with regulators
Applicants and clientsEnquiries and applications; identity and supporting documents; credit checks and affordability assessments; quotes and loan agreements; guarantee and life insurance records; records of payouts and repayments; correspondence and complaints
Finance and taxAccounting records, banking records and tax records
Employees and job applicantsEmployment records and job applications
Suppliers and service providersAgreements, invoices and correspondence
Website and marketingWebsite analytics and advertising reports

7. How to request access to a record

Under section 50(1) of PAIA, you must be given access to a record of a private body if the record is required for the exercise or protection of a right, you follow PAIA's procedures, and no ground for refusal in PAIA applies.

  1. Complete Form 2: Request for Access to Record (PDF, from the Information Regulator).
  2. Describe the record you want in enough detail for it to be found, and say in which form and manner you want access.
  3. Say which right you want to exercise or protect, and explain why you need the record for that right.
  4. Attach proof of your identity. If you are asking on behalf of someone else, also attach proof that you are authorised to do so.
  5. Send the form to our Information Officer at info@marlincredit.co.za (contact details in section 2).

We will tell you in writing whether your request is granted or refused, within the time PAIA allows. If it is refused, we will give you our reasons. Access may be refused only on the grounds PAIA sets out, for example to protect another person's personal information or confidential information.

If you are asking for your own personal information, you may also use your rights under POPIA, as our privacy policy explains.

8. Fees

We charge only the fees prescribed under PAIA:

  • a request fee, which must be paid before we consider your request;
  • an access fee, which depends on the form of access you want and the time reasonably needed to search for and prepare the record. We will tell you the amount before you pay it; and
  • a deposit, in the cases the prescribed fee schedule provides for.

The Information Regulator publishes the current fee schedule: PAIA fee structure.

9. If you disagree with our decision

If you are not satisfied with our decision on your request, you may complain to the Information Regulator or apply to court, as PAIA provides. PAIA complaints are made on Form 5 and sent to PAIAComplaints@inforegulator.org.za. The Regulator's other contact details are on our complaints page.

10. How we process personal information

Purpose

We process personal information to respond to enquiries; to assess applications for credit, including credit checks and the affordability assessment the National Credit Act requires; to verify identity and the information applicants give us; to conclude and administer loan agreements, including payouts, repayments and the guarantee or life insurance a loan requires; to employ staff; to deal with suppliers; to meet our legal and regulatory obligations; and, with consent, to measure the use of our website and our advertising.

Categories of data subjects and their information

Data subjectsPersonal information we may process
Applicants and clientsName, contact details, province, ID number, details of the expected lump-sum payout, the documents listed below, credit check and affordability assessment results, loan, payment and repayment details, correspondence. This can include health information (special personal information), for example for a medical boarding or disability payout.
People named in applicants' documentsInformation in documents such as divorce agreements and marriage certificates
Website visitorsTechnical information needed to deliver the website and, with consent, analytics and advertising data (see our cookie policy)
Employees and job applicantsInformation needed for employment and recruitment
Suppliers and service providersContact people's names and contact details, and business details

The documents we ask applicants for are:

  • A copy of your ID
  • Your pension or provident fund benefit statement
  • Your most recent payslip
  • Your last two months' bank statements confirming a severance package or medical disability (if relevant)
  • A letter of severance from your employer (if relevant)
  • For a divorce pension claim: your divorce agreement and marriage certificate

Recipients

RecipientsWhy
Credit bureauxCredit checks
Employers and the funds or institutions paying lump sumsTo confirm the information applicants give us
Providers of the guarantee or life insurance a loan requiresTo arrange that cover
BanksPayouts and repayments
Service providers who process information for usWebsite hosting, our client management system, and (with consent) website analytics and advertising measurement
Regulators, courts and law-enforcement authoritiesWhere the law requires it
Auditors and professional advisersAudit and professional advice, under a duty of confidentiality

Information sent outside South Africa

Some of our service providers process information outside South Africa, including our website host and, where visitors allow analytics or advertising cookies, Google and Meta. We transfer personal information outside South Africa only as section 72 of POPIA allows.

Security

We take appropriate, reasonable technical and organisational measures to protect personal information against loss, damage, unauthorised destruction and unlawful access or processing. We identify foreseeable risks, maintain safeguards against them, check that the safeguards work, and update them when risks change. This website is served only over an encrypted (HTTPS) connection.

11. Where this manual is available

This manual is available on this website. You can also ask our Information Officer for a copy, and we make it available to the Information Regulator on request.

12. Updates

We update this manual when the information in it changes. The date at the top of this page shows when it last changed.

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