Privacy Policy

At LuboGroup Holdings PTY (LTD), including our divisions LuboMortgage Solutions and LuboAfrica (collectively, "LuboGroup," "we," "us," or "our"), we are committed to protecting your privacy and ensuring the security of your personal information. This Privacy Policy outlines how we collect, use, disclose, store, and protect your personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA), and other applicable South African laws.

Our Information Officer is Sam Ephraim Lephallo, whose details are available upon request.

1. Who We Are (Responsible Party)

LuboGroup Holdings PTY (LTD) is a private body registered in South Africa, with its registered address at 465 Canary Street, Villa Liza, Boksburg. We operate in the financial services (specifically bond origination), real estate, and general trading sectors. It is important to clarify that LuboMortgage Solutions does not operate as a registered estate agency under the Property Practitioners Regulatory Authority (PPRA). Instead, as a PropTech company, we provide an online platform and web space for registered property practitioners (estate agents) to advertise properties and facilitate their bond origination processes. We do not engage in the direct sale, rental, or management of properties. As a "Responsible Party" under POPIA, we are responsible for the lawful processing of your personal information.

2. What Personal Information We Collect

We collect personal information that is necessary for us to provide our services and fulfill our legal and regulatory obligations. This may include, but is not limited to:

• Identity Information: Full name, ID number, passport number, date of birth, gender, nationality.
• Contact Information: Residential address, postal address, email address, phone numbers.
• Financial Information: Income, expenses, bank statements, credit history, assets, liabilities, tax numbers.
• Employment Information: Employer details, job title, employment history, salary slips.
• Property Information: Details of properties you own, wish to purchase, or sell.
• Transactional Information: Details about payments to and from you, and other details of products and services you have purchased from us.
• Special Personal Information (where necessary and with consent): In limited circumstances, and only if relevant to the services we provide (e.g., for specific insurance products linked to a bond, or if required by law), we may collect information pertaining to health or criminal records. We will always obtain explicit consent for such collection.
• Children's Personal Information: We generally do not knowingly collect personal information from children without parental consent, unless it is strictly necessary for a specific transaction (e.g., a child inheriting property) and with appropriate legal safeguards.

3. How We Collect Personal Information

We collect personal information from various sources, including:

• Directly from You: When you complete application forms (online or physical), interact with our staff, use our websites or platforms, or communicate with us via phone, email, or in person.
• From Third Parties (with your consent or lawful basis):
  • Financial Institutions: Banks, lenders, credit bureaus (for bond applications).
  • Real Estate Professionals: Estate agents, property developers (for property transaction details).
  • Legal Professionals: Attorneys, conveyancers (for transfer processes).
  • Other Service Providers: Valuers, insurance providers.
  • Publicly Available Sources: Information from public registries or databases where permitted by law.

4. Why We Collect and Process Personal Information (Purpose Specification)

We collect and process your personal information for the following specific, explicitly defined, and lawful purposes:

• Bond Origination: To assess your eligibility for a home loan, submit applications to various banks on your behalf, and facilitate the bond approval process.
• Property Transaction Facilitation: To assist with the buying, selling, or transfer of property, including liaising with all relevant parties (banks, attorneys, estate agents).
• Client Relationship Management: To manage our relationship with you, provide customer service, and respond to your inquiries.
• Marketing and Communication: To send you relevant information about our services, promotions, or industry updates (you may opt-out at any time).
• Legal and Regulatory Compliance: To comply with our legal obligations (e.g., FICA, NCA, POPIA, FSCA regulations) and to respond to lawful requests from authorities.
• Internal Operations: For internal record keeping, auditing, reporting, and business analysis to improve our services.
• Fraud Prevention and Security: To protect our systems and your information from fraud and unauthorized access.

5. Disclosure of Personal Information (Further Processing Limitation)

We will only disclose your personal information to third parties when it is necessary for the purposes for which it was collected, with your consent, or when legally required. This may include:

• Banks and Financial Institutions: For bond applications and related financial services.
• Conveyancing Attorneys: To facilitate property transfers and registrations.
• Estate Agencies and Property Developers: For the purpose of property transactions.
• Credit Bureaus: For credit assessments during bond applications.
• Regulatory Bodies: Such as the FSCA, NCR, and the Information Regulator, when required by law.
• Our Service Providers: Third-party service providers who assist us with IT, data storage, security, and other operational functions, under strict confidentiality agreements.

We will not sell, rent, or trade your personal information to third parties for their independent marketing purposes.

6. Information Quality

We take reasonable steps to ensure that the personal information we collect and process is accurate, complete, up-to-date, and not misleading. This includes:

• Verifying information provided by you where necessary.
• Regularly updating our records based on information received from you or reliable third-party sources.
• Providing mechanisms for you to access and correct your personal information.

7. Security Safeguards

We implement appropriate technical and organisational measures to protect your personal information against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access. These measures include:

• Access Controls: Role-based access to systems and data, ensuring only authorised personnel can access personal information.
• Encryption: Encryption of sensitive data both at rest and in transit.
• Multi-Factor Authentication (MFA): For access to critical systems.
• Network Security: Firewalls, intrusion detection and prevention systems.
• Data Backups: Regular and secure backups of personal information.
• Employee Training: Mandatory POPIA and data security training for all staff.
• Physical Security: Secure storage of physical documents and restricted access to data processing facilities.
• Incident Response Plan: A defined plan for identifying, responding to, and mitigating data breaches, including notification procedures as required by POPIA.

8. Data Subject Participation (Your Rights)

Under POPIA, you have the right to:

• Access your personal information: Request confirmation of whether we hold your personal information and request a copy of it.
• Request correction or deletion: Ask us to correct or delete personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or unlawfully obtained.
• Object to processing: Object to the processing of your personal information in certain circumstances.
• Withdraw consent: Withdraw your consent for processing where consent is the basis for collection.
• Complain to the Regulator: Lodge a complaint with the Information Regulator if you believe your rights under POPIA have been violated.

To exercise any of these rights, please contact our Information Officer using the contact details provided below.

9. Data Retention

We will retain your personal information only for as long as necessary to fulfill the purposes for which it was collected, or as required by law (e.g., FICA, National Credit Act), or for legitimate business purposes (e.g., dispute resolution, auditing). Once no longer required, your personal information will be securely destroyed or de-identified.

10. Cookies and Website Tracking

Our website (www.lubomortgage.co.za) may use cookies and similar tracking technologies to enhance user experience, analyse website traffic, and for marketing purposes. You can manage your cookie preferences through your browser settings.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or legal requirements. The updated policy will be posted on our website, and the "Effective Date" will be revised. We encourage you to review this policy periodically.

12. Contact Us

If you have any questions about this Privacy Policy or our data processing practices, please contact our Information Officer:

Information Regulator (South Africa):

JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
P.O Box 31533, Braamfontein, Johannesburg, 2017
Complaints email: complaints.IR@justice.gov.za
General enquiries email: inforeg@justice.gov.za