Introduction
We are MortgageMAX, a business division of BetterLife Origination Services Properietary Limited (registration number 2001/003522/07) (collectively “us” or “MortgageMAX”), which operates as a subsidiary of BetterHome Group Limited (“BetterHome”). This is our ‘Access to Information Manual’. Its purpose is to help you access our information and any other information that we have. PAIA requires us to make it available to you so that you:
- know what types of information we have; and
- can request access to it.
Our details
Our details are as follows:
| Trading Name | MortgageMax, A division of Betterlife Origination Services (Pty) Ltd) |
| Registration Number: | 2001/003522/07 |
| Registered Address: | “Bendehuis, 5 Hazelwood Street, Hazelwood, Pretoria, 0081.” |
| Postal Address: | P.O. Box 3695, Northcliff, 2115 |
| Telephone: | 011 516-5500 |
| Email: | info@mortgagemax.co.za |
| Website | www.mortgagemax.co.za |
| Information Officer | Mr. Sugen Naidoo (Sugen.Naidoo@betterhome.co.za) |
| Deputy Information Officer | Mr. James Gregory (James.Gregory@betterhome.co.za) |
| Head of the Company | Mr. Jors van Niekerk (CEO) |
These are all our details, but please rather contact us by email at info@mortgagemax.co.za or Sugen.Naidoo@betterhome.co.za whenever possible.
BetterHome and its other subsidiaries’ details
| BetterHome Group Ltd | |
| Registration Number | 1992/000443/06 |
| Physical Address | “Bendehuis, 5 Hazelwood Street, Hazelwood, Pretoria, 0081.” |
| Postal Address: | P.O. Box 3695 Northcliff 2115 |
| Telephone: | +27 11 516-5500 |
| Website: | www.betterhome.co.za |
| BetterLife Origination Services (Pty) Ltd | |
| Registration Number | 2001/003522/07 |
| Physical Address | “Bendehuis, 5 Hazelwood Street, Hazelwood, Pretoria, 0081.” |
| Postal Address: | P.O. Box 3695 Northcliff 2115 |
| Telephone: | +27 11 516-5500 |
| Email: | Legal@betterlife.co.za |
| BetterSure Financial Consultants (Pty) Ltd | |
| Registration Number | 2005/024995/07 |
| Authorised Financial Service Provider | FSP No 24015 |
| Physical Address | “Bendehuis, 5 Hazelwood Street, Hazelwood, Pretoria, 0081.” |
| Postal Address: | P.O. Box 3695 Northcliff 2115 |
| Telephone: | 086 124 9294 |
| Website: | www.bettersure.co.za |
| BetterID (Pty) Ltd | |
| Registration Number | 2024/355753/07 |
| Physical Address | “Bendehuis, 5 Hazelwood Street, Hazelwood, Pretoria, 0081.” |
| Postal Address: | P.O. Box 3695 Northcliff 2115 |
| Telephone: | +27 11 516-5500 |
| Email: | info@betterid.co.za |
| BetterID operating under TGDPC NCRCB License – | |
| The Good People Data Company (“TGDPC”) | Registration Number: 2018/405198/07, NCR Number: NCRCB63 |
| Website: | www.tgpdc.co.za |
Further guidance
Requesters are referred to the ‘Guide’ compiled by the Information Regulator, which is available in a range of official languages and contains information for the purposes of exercising constitutional rights. Please contact the Information Regulator or visit their website for more information on how you can get access to information under PAIA, and to access the Guide.
The contact details of the Information Regulator are:
- Postal address: P.O Box 3153, Braamfontein, Johannesburg, 2017
- Physical address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
- Phone number: 010 023 5200
- Website: www.inforegulator.org.za
- General e-mail: enquiries@inforegulator.org.za
- PAIA Complaints email: PAIAComplaints@inforegulator.org.za
- POPIA Complaints email: POPIAComplaints@inforegulator.org.za
For further guidance on how you can get access to information, please visit: https://www.justice.gov.za/inforeg/index.html.
Records we hold
We hold the following subjects and categories of records:
- Company records;
- Business records;
- Financial records;
- Insurance records;
- Personnel records;
- Policies and directives;
- Agreements or contracts;
- Regulatory documents;
- Published information;
- Customer information; and
- Reference materials.
Please note that records that are ‘not automatically available,’ must be requested using the process outlined in the ‘How to request access’ section of this manual.
Company records
Company records are all our records related to the incorporation and administration of our company. Some of them are available from the Companies and Intellectual Property Commission (CIPC).
| Record | Availability |
|---|---|
| Memorandum of incorporation | Automatically available from CIPC |
| Directors’ names | Automatically available from CIPC |
| Documents of incorporation | Automatically available from CIPC |
| Minutes of board of directors meetings | Not automatically available |
| Written resolutions | Not automatically available |
| “Records relating to appointment of directors, auditor, secretary, public officer, or other officers” | Not automatically available |
| Share register and other statutory registers | Not automatically available |
| Other statutory records | Not automatically available |
Business records
Business records include any documents that have economic value to the business.
| Record | Availability |
|---|---|
| Operational records | Not automatically available |
| Databases | Not automatically available |
| Published works | Not automatically available |
| Internal correspondence | Not automatically available |
| Product records | Not automatically available |
Financial records
Financial records are all our records related to our finances.
| Record | Availability |
|---|---|
| Financial statements | Not automatically available (NDA required) |
| Tax returns | Not automatically available |
| Other documents relating to taxation of the company | Not automatically available |
| Accounting records | Not automatically available |
| Auditor reports | Not automatically available |
| Banking records | Not automatically available |
| Banking details | Automatically available on request |
| Bank statements | Not automatically available |
| Electronic banking records | Not automatically available |
| Paid cheques | Not automatically available |
| Asset register | Not automatically available |
| Invoices | Not automatically available |
| Financial agreements | Not automatically available |
Insurance records
Insurance records are all our records related to our insurable assets.
| Record | Availability |
|---|---|
| Insurance policies held by the company | Not automatically available |
| Records of insurance claims | Not automatically available |
| Register of all immovable property owned by the company | Not automatically available |
Income tax records
Income tax records are all our records related to our income tax obligations.
| Record | Availability |
|---|---|
| PAYE Records | Not automatically available |
| Corporate tax records | Not automatically available |
| Customs tax | Not automatically available |
| Documents issued to employees for income tax purposes | Not automatically available |
| Records of payments made to SARS on behalf of employees | Not automatically available |
| VAT records | Not automatically available |
| Regional Services Levies | Not automatically available |
| Skills Development Levies | Not automatically available |
| UIF | Not automatically available |
| Workmen’s Compensation | Not automatically available |
Personnel records
Personnel records are all our records about anyone who works for us, provides services to us, or provides services on our behalf and who receives or is entitled to receive remuneration, including our employees, contractors, and other personnel.
| Record | Availability |
|---|---|
| List of employees | Not automatically available |
| Employee personal information | Not automatically available |
| Employee employment contracts | Not automatically available |
| Employment applications and appointment letters | Not automatically available |
| Employment policies and procedures | Not automatically available |
| Employment Equity Plan | Not automatically available |
| Health and safety records | Not automatically available |
| Medical aid records | Not automatically available |
| Salaries or wages of employees | Not automatically available |
| Leave records | Not automatically available |
| Internal evaluations and performance records | Not automatically available |
| Disciplinary records | Not automatically available |
| Disciplinary codes | Not automatically available |
| Training records | Not automatically available |
| Operating manuals | Not automatically available |
| Personal records provided by personnel | Not automatically available |
| Other statutory records | Not automatically available |
| Related correspondence | Not automatically available |
Policies and directives
Policies and directives include both internal and external documents.
| Record | Availability |
|---|---|
| Internal relating to employees and the company | Not automatically available |
| External relating to clients and other third parties | Not automatically available |
| Information technology systems and documents | Not automatically available |
Agreements or contracts
Agreements or contracts include the documents themselves and all related documents.
| Record | Availability |
|---|---|
| Standard Agreements | Not automatically available |
| Contracts concluded with customers | Not automatically available |
| NDAs | Not automatically available |
| “Letters of Intent, MOUs” | Not automatically available |
| “Third party contracts (such as JV agreements, VAR Agreements, etc.)” | Not automatically available |
| Office management contracts | Not automatically available |
| Bond agreements | Not automatically available |
| Rental agreements | Not automatically available |
| Supplier or service contracts | Not automatically available |
Regulatory documents
Regulatory documents include any documents required to comply with any laws.
| Record | Availability |
|---|---|
| Permits | Not automatically available |
| Licences | Not automatically available |
| Authorities | Not automatically available |
Published information
Published information includes any document that we prepare and produce.
| Record | Availability |
|---|---|
| Brochures | Automatically available on request |
| External newsletters and circulars | Automatically available |
| Information available on the website | Automatically available |
| Internal newsletters and circulars | Not automatically available |
| Information on the company published by third parties | Not automatically available |
Customer information
Customer information includes any information about anyone that we provide goods or services to, including our customers, leads, or prospects.
| Record | Availability |
|---|---|
| Customer details | Not automatically available |
| Contact details of individuals within customers | Not automatically available |
| Communications with customers | Not automatically available |
| Sales records | Not automatically available |
| Transactional information | Not automatically available |
| Marketing records | Not automatically available |
Reference materials
Reference materials include any sources of information that we contribute to.
| Record | Availability |
|---|---|
| Books | Not automatically available |
| Newsletters and journals articles | Not automatically available |
| Magazines | Not automatically available |
| Newspaper articles | Not automatically available |
Information we hold to comply with the law
We hold records for the purposes of PAIA in terms of the following main laws, among others:
- Basic Conditions of Employment Act 75 of 1997;
- Broad Based Black Economic Empowerment Act 53 of 2003;
- Companies Act 61 of 1973;
- Companies Act 71 of 2008;
- Compensation for Occupational Injuries and Disease Act 130 of 1993;
- Competition Act 89 of 1998;
- Consumer Protection Act 68 of 2008;
- Copyright Act 98 of 1978;
- Electronic Communications Act 36 of 2005
- Electronic Communications and Transactions Act 25 of 2002;
- Employment Equity Act 55 of 1998;
- Financial Advisory and Intermediaries Services Act, 37 of 2002;
- Financial Intelligence Centre Act 38 of 2001;
- Income Tax Act 58 of 1962;
- Intellectual Property Laws Amendment Act, No 38 of 1997;
- Intellectual Property Laws Amendment Act, No 28 of 2013;
- Labour Relations Act 66 of 1995;
- National Credit Act 34 of 2005;
- Occupational Health and Safety Act 85 of 1993;
- Prescription Act 18 of 1943;
- Prevention & Combating of Corrupt Activities Act 12 of 2004;
- Prevention of Constitutional Democracy Against Terrorist & Related Activities Act 33 of 2004;
- Prevention of Organised Crime Act 121 of 1998;
- Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000;
- Protected Disclosures Act 26 of 2000;
- Promotion of Access to Information Act, No 2 of 2000;
- Protection of Constitutional Democracy against Terrorist and Related Activities Act 33 of 2004;
- Protection of Personal Information Act 4 of 2013;
- Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002;
- Skills Development Act 97 of 1998;
- Skills Development Levies Act 9 of 1999;
- Tax Administration Act 28 of 2011;
- Trade Marks Act 194 of 1993;
- Unemployment Contributions Act 4 of 2002;
- Unemployment Insurance Act 63 of 2001;
- Unemployment Insurance Contributions Act 4 of 2002; and
- Value Added Tax Act 89 of 1991.
How to request access
We have authorised and designated our information officer to deal with all matters relating to PAIA in order to comply with our obligations in terms of PAIA. To request access to a record for BetterHome Group Limited, a public company, please complete Form 2 which is available from (Annexed for ease of reference)
The Information Regulator website at https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf
Please submit the completed form to our information officer together with the relevant request fee (details here: how-much-it-will-cost-you) at our information officer’s email address, or our physical address, in terms of our details provided above. Please ensure that the completed form:
- has enough information for the information officer to identify you, the requested records, and which form of access you require;
- specifies your email address, or postal address,
- describes the right that you seek to exercise or protect;
- explains why you need the requested record to exercise or protect that right;
- provides any other way you would like to be informed of our decision other than in writing; and
- provides proof of the capacity in which you are making the request if you are making it on behalf of someone else (we will decide whether this proof is satisfactory).
If you do not use the standard form we may:
- reject the request due to lack of procedural compliance;
- refuse it if you do not provide sufficient information; or
- delay it.
Grounds for refusal
We may have to refuse you access to certain records in terms of PAIA to protect:
- someone else’s privacy;
- another company’s commercial information;
- someone else’s confidential information;
- the safety of individuals and property;
- records privileged from production in legal proceedings; or
- research information.
We will notify you in writing whether your request has been approved or denied within 30 calendar days after we have received a completed request for access form. If we cannot find any requested record or it does not exist, then we will notify you by way of affidavit that it is not possible to give access to that particular record.
How we will give you access
We will evaluate and consider all requests to us in terms of PAIA. If we approve your request for access to our records, then we will decide how to provide access to you – unless you have asked for access in a specific form. Publication of this manual does not give rise to any rights to access information records, except in terms of PAIA.
How much it will cost you
You must pay us a request fee as required by law when submitting a request for access to information. Please refer to ‘Form 03: Outcome of request and of fees payable [Regulation 8]’ which is available on the website of the Information Regulator at www.inforegulator.org.za under the section ‘PAIA /Forms’. Annex hereto.
You must pay us the fees before we will hand over any information. You may have to pay a further access fee if we grant the request for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.
How we process and protect personal information
We process the personal information of various categories of people for various purposes as set out in this clause.
Categories of people
We process the personal information of the following categories of people:
- customers or clients;
- prospects or leads;
- employees;
- recruiters and medical practitioners providing services related to employees;
- contractors, vendors, or suppliers;
- children and their guardians;
- debtors and creditors;
- dealers; and
- directors and shareholders.
Purposes
We process the personal information to:
- provide our goods or supply our services;
- better understand our data subjects’ needs when doing so;
- keep our data subject records up-to-date;
- manage employees in general;
- manage supplier contracts in general;
- manage dealer relationships in general;
- manage customers in general;
- manage customer credit in general;
- market to customers in various countries;
- educate children in general;
- enforce debts;
- market goods and services to prospects;
- run promotional competitions for businesses;
- process customer requests or complaints; and
- process personal information of employees for forensic purposes.
Categories of personal information
We process many different categories of personal information, including:
- contact details, such as phone numbers, physical and postal addresses, and email addresses;
- personal details, such as names and ages;
- demographic details, such as races and age groups;
- health information;
- biometric information;
- account numbers;
- background information;
- contract information;
- credit information;
- market intelligence information;
- learner information; and
- debt and debtor information.
Third-party disclosures
We give the following people personal information that we process in the ordinary course of business to fulfil our obligations to our customers or clients:
- contractors, vendors, or suppliers;
- agents, distributors, or other resellers;
- operators, other responsible parties, or co-responsible parties; and
- third party vendors (such as software developers) to help us maintain our services.
Cross-border transfers
We send personal information outside of South Africa to various countries. We will only transfer data to other countries who have similar privacy laws to South Africa’s, or recipients who can guarantee the protection of personal information to the same standard we must protect it.
Security
We secure data by maintaining reasonable measures to protect personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction. We also take reasonable steps to keep personal information accurate, current, complete, confidential and reliable for its intended use.
Data subject requests
In terms of Section 23 of POPIA, a data subject has the right to:
- Request what personal information the company holds about them and the purpose for which it is being processed.
- Be informed of how their personal information is being processed, kept and how to keep it up to date
We give effect to data subjects rights. Send the completed Section 23 form to the designated Information Officer, along with the applicable request fee, as outlined in the manual.
Remedies
If your request for access is denied, you may:
- apply to a court with appropriate jurisdiction, or
- lodge a complaint with the Information Regulator,
for the necessary relief.
Availability of this Manual
This manual is available in English and will be available on our website, and at our company offices. The manual is also electronically available on our website at: www.mortgagemax.co.za.
Updates to this Manual
This manual will be updated whenever we make material changes to the current information.
SECTION 23 POPIA REQUEST FORM
Request for Access to Personal Information
In terms of Section 23 of the Protection of Personal Information Act, 4 of 2013 (“POPIA”)
1. Requester Details (“Data Subject”)
| Full Name | |
| ID/Passport Number | |
| Contact Number | |
| Email Address | |
| Postal Address |
2. Proof of Identity
(Attach a certified copy of your identity document/passport to verify your identity.)
3. Nature of the Request
(Please tick the appropriate box and provide details where necessary)
- [ ] I request confirmation as to whether the organisation holds personal information about me.
- [ ] I request access to a record or description of the personal information held about me.
- [ ] I request information about the categories of third parties who have, or have had, access to my personal information.
4. Description of the Personal Information Requested
(Provide sufficient detail to enable the responsible party to locate the record/information.)
5. Preferred Method of Access
- [ ] Printed copy (collection/post)
- [ ] Other (please specify): ____________________________
6. Declaration
I declare that the information provided in this request is accurate and that I am entitled to request access to the personal information under section 23 of POPIA. I understand that the responsible party may request additional information to verify my identity and may charge a reasonable fee (if applicable) as prescribed.
Signature: __________________________ Date: __________________________
7. For Office Use Only
| Date Received | |
| Reference Number | |
| Identity Verified | |
| Date Responded | |
| Outcome |