LEGAL INFORMATION


GBS Mutual Bank is governed by the Mutual Banks Act, 1993, and regulated by the South African Reserve Bank (certificate number 1002). We are an authorised Financial Services Provider, overseen by the Financial Services Board (licence number 1115). The Bank is also regulated by the National Credit Regulator (certificate NCR CP 23), the Protection of Personal Information Act (POPIA) and the Promotion of Access to Informatin Act (PAIA).

PRIVACY NOTICE

GBS Mutual Bank, registration number 1002, has its head office at 18-20 Hill Street, Grahamstown/Makhanda, Eastern Cape, South Africa.

Information Officer: Beverley Mackenzie
Email Address: info@gbsbank.co.za
Telephone Number: (046) 622 7109

PAIA/POPIA Manual

This manual is available on request in hard copy or electronic format from the Bank’s Information Officer as per the contact details above.

Introduction

At the GBS Mutual Bank, we are committed to safeguarding and processing your personal information in a responsible and lawful manner, and will apply the following POPIA conditions for lawful processing at all times:

  • Accountability - We will strive to ensure that we have measures in place to govern, process and safeguard your personal information responsibly and lawfully
  • Processing Limitation - We will limit the processing of personal information to being adequate, relevant and necessary
  • Purpose Specification - We will only process personal information for specific, explicitly defined and legitimate reasons
  • Further Processing Limitation - We will not process personal information for any secondary purposes
  • Information Quality - We will strive to ensure that the processing of personal information is accurate, complete, and maintained
  • Openness - We will always be open and transparent about how we collect personal information, and will provide adequate notice regarding its processing activities
  • Information Subject Participation - We will uphold the information subject's rights to access, update, correct or delete their personal information
  • Security safeguards - We will ensure that appropriate technical and internal measures are in place to prevent loss, damage, unauthorised, and unlawful access to personal information

Application

This privacy notice applies to:

  • Existing clients
  • Prospective clients
  • visitors to our website
  • Any other information subject whose personal information is collected and processed by the Bank

Information Collection

Personal information, which may be collected and processed, will include:

  • Identification Information - Name, surname, date of birth, identification /passport numbers, registration numbers
  • Contact Information - Telephone numbers, cellphone numbers, email addresses
  • Address Information - Physical and postal addresses
  • Demographic Information - Gender and marital status

Special information, which the Bank may request will be dependent on product selection and regulatory requirements and will include:

  • Financial Information - Bank account details, liabilities, income and payment records, other financial information
  • Demographic Information - Race or ethnicity
  • Criminal Information - Commission or alleged commission of any offence or related legal proceedings
  • Children - Personal information of children under the age of 18

Lawful Compliance

As a registered bank, the GBS Mutual Bank operates in a highly regulated environment, and must comply with the applicable laws, regulations and directives that require it to perform various processing activities.
Personal information may be disclosed to comply with the regulatory, governmental and law enforcement requests such as but not limited to:

  • A subpoena or court order
  • Comply with any law
  • Protect the safety of any individual or the general public
  • Prevent violation of its customer relationship terms

Selling of Personal Information

Personal information will not be sold or disclosed to anyone except as provided for in this privacy notice.

Information Sharing

Personal information could be shared with:

  • Employees - Bank personnel, management, human resources, accounting, auditing, compliance, information technology, any other applicable personnel
  • Affiliates - Telehone numbers, cellphone numbers, email addresses
  • Service Providers - 3rd party contracts in place to assist with areas of business operations, including technology services, cash collection, record management processes (agreements enforce that these service providers will only use your information to perform specific services and not for their own benefit)
  • Credit bureaus - To report credit information as required by law

Collection and Usage of Personal Information

Personal information may be given to or collected by the Bank in writing or as part of a written application form, or electronically via email when applying for one of the Bank's products.
Such information could include:

  • Information to update communication preferences
  • Manage and maintain your existing products
  • Maintain and update information bases
  • Transactional information such as statements
  • Information required to comply with regulatory requirements

The bank will only collect and process personal information where there is an appropriate legal justification or on a lawful basis as provided by POPIA.

Retention of Personal Information

The bank will retain all personal information for as long as required.
Personal information may be disclosed to comply with the regulatory, governmental and law enforcement requests such as but not limited to:

  • By law or our contract with you
  • Reasonably required for lawful purposes relating to our functions and activities
  • Reasonably required for evidentiary purposes

Protection of Information

The Bank will at all times strive to ensure that necessary measures are in place to protect personal information against unauthorised or unlawful processing, accidental loss, destruction or damage by ensuring compliance with POPIA.

Information Subject Rights

At any point, while the Bank is in possession of or processing your personal information, the information subject has the following rights:

  • Right to access - The right to request a copy of the information held about you. Access to this information may be subject to an administrative fee dependant on the type of information required.
  • Right to rectification - The right to request that the Bank corrects information held which is inaccurate or incomplete.
  • Right to restriction of processing - The right to apply, under certain conditions, to have a restriction placed on the processing of your information i.e., opt-out clauses.
  • Right to information portability - The right to have the information held transferred to another organisation or provide you with machine-readable information.
  • Right to object to processing - The right to object or revoke your consent for certain types of processing i.e., opt-out clauses.
  • Right to raise a complaint - The right to raise a concern about the way the Bank has captured, treated or processed your personal information.

Complaints

Should you have any queries or would like to raise a complaint regarding the processing or retention of your personal information, please visit one of our branches or send an email to our Information Officer at info@gbsbank.co.za. If your complaint has not been addressed or resolved to your satisfaction you have the right to contact the National Information Regulator.

Information Regulator

Physical Address: SALU Building,316 Thabo Sehume Street, Pretoria
Website: https://www.justice.gov.za/inforeg/contact.html
General Enquiries: enquiries@inforegulator.org.za
PAIA Complaints: paiacomplaints@inforegulator.org.za
POPIA Complaints: popiacomplaints@inforegulator.org.za

WEBSITE DISCLAIMER

The use of the GBS Mutual Bank's website (www.gbsbank.co.za) and the communication tools available on the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website.

Whilst GBS Mutual Bank takes reasonable measures to ensure that the content of the Website is accurate and complete, the Bank makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website or as to the accuracy, completeness or reliability of any information on the website. The directors, officers and employees of GBS Mutual Bank provide no representation or warranty, express or implied, regarding the accuracy, completeness or correctness of information contained in this website.

The information provided on the website is intended to provide you, the user, with objective information about financial products and services offered by GBS Mutual Bank. The information is not intended to constitute a recommendation, guidance or proposal in regard to the suitability of any product in respect of any financial need you may have.

GBS Mutual Bank and its directors, officers and employees shall not be responsible and disclaims any liability for, any loss, damage (whether direct, indirect, special or consequential) and/or expense of any nature whatsoever, which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of, or reliance upon any information, links or service provided through this website.

GBS Mutual Bank reserves the right to suspend, terminate or modify the website and the communication tools available on / in it without notice. If you use any of the communication tools on our website, such use is subject to your acceptance of and compliance with our terms of use. By using the communication tools, you agree and accept all of our terms of use.

By communicating with GBS Mutual Bank through electronic means, you consent to receiving communications electronically and agree that all agreements, notices, disclosures and all other communications transmitted by electronic means satisfy any legal requirement, including but not limited to the requirement that such communication should be in writing. Unless otherwise agreed, an email is only considered to be received by us once we have confirmed receipt; and an email is only considered to be sent by GBS Mutual Bank once reflected as 'sent' on the Bank's email server.

Emails and any other form of written or verbal communication which you may receive as a result of your use of our website, and any accompanying documents, are confidential and may be subject to legal privilege and client confidentiality. Any use of these, in whatever form, by anyone other than the addressee is strictly prohibited.