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PRIVACY POLICY


Preamble

This Policy is our Privacy Policy and is governed by data privacy and protection legislation enacted in Zambia; the Data Protection Act No. 3 of 2021, the Electronic Communications and Transactions Act No. 4 of 2021 among others. The Privacy Policy will define how ZAMCASH will handle and deal with personal information including sensitive personal data or information accessed or generated during the provision of its services.

Consent

By visiting the website, www.zamcash.com, www.zamcash.co, www.zamcash.co.zm (“Website”) or the ZAMCASH mobile and/or web application (the “App”) (collectively, the “Platform”) or accessing the services provided by us (“Services”) you agree to be bound by the terms and conditions of this Privacy Policy.

By mere access to the Platform or any part thereof, you signify your assent to this Privacy Policy and consent to the processing of your personally identifiable information (Personal Information, Sensitive Personal Data or Information) to Biu Capital Limited (“we” or “our” or “us” or “ZAMCASH”). This Privacy Policy is incorporated into and subject to the Terms of Use of the Platform.

Users of the Privacy Policy

For the purpose of this Privacy Policy, the users of the Services may be customers/consumers/buyers/ or any other persons using Services or accessing our Platform (“user” or “you” or “your”).

Warning

If you do not agree to this Privacy Policy or any part thereof, please do not use/ access/download or install the Platform or any part thereof. It is important that you read the Privacy Policy carefully because anytime you use our services, you consent to the practices/ policies that we have set out in this Privacy Policy.

Platforms Applicable to

This privacy statement is applicable to the website of ZAMCASH, or any online/mobile application that refers to or links to this Privacy Policy (collectively, our “Services”).

Devices Applicable to

This Privacy Policy applies regardless of whether you use a computer, mobile phone, tablet, or television or any other media or computer resource to access our Services.

Personal Information Collection including Device information and Location.

Personal Information, means and includes all information that can be linked to a specific individual or to the identity of any individual, including but not limited to, name, address, mailing address, telephone number, email ID, bank account details including details linked to credit/debit payment instruments, information about your mobile phone, any details that may have been voluntarily provided by the customer, whether to Credit Information Bureau of Zambia or any other agency including any other Credit Information Companies.

Information obtained with consent from your mobile device such as device location, device information (including storage, model, installed apps, wifi, and mobile network) transactional and promotional SMSs, communication information including contacts and call logs.

Use of Personal Information and Installed Applications.

The Personal Information we collect from you will be used to allow us to perform the services requested from us.


We may use your Personal Information to:

a) Facilitate your use of the Website’s Services, and/or access to the registration of your Website account, if any;

b) Verify your identity and contact details;

c) Provide our Services;

d) Process transactions and send notices about your transactions;

e) Contact you and update you on the performance of our Services;

f) Communicate with you and process your requests;

g) Offer surveys, promotions, and marketing communications;

h) Improve our Website content and layout;

i) Improve our Services;/p>

j) Provide electronic funds transfer services, credit card account processing and related services;

k) Contact supplied personal references to verify accuracy of information and coordinate as to the identity and personal circumstances of the client;

l) Respond to any inquiries, comments, or concerns regarding our Services;

f) Communicate with you and process your requests;

m) Provide Customer Support;

n) Collection of delinquent accounts;

o) Exercise the Company’s legal rights for the protection of its interests;

p) Other specified and legitimate purposes determined and declared before, or as soon as reasonably practicable after collection of the Personal Information.


We do not share your Personal Information with any third parties for their business purposes, such as, including without limitation, marketing and advertising without your express consent and authorization.

We use personal information and installed applications details to provide you with personal loan you explicitly requested for, to resolve disputes, troubleshoot concerns, help promote safe services, assess your interest in our services, inform you about offers, products, services, updates, customize your experience, detect and protect us against errors, fraud and other criminal activity, enforce our terms and conditions, etc.

We may also use your personal information to send you offer regarding various services/facilities which Biu Captial Limited or its group companies may, from time to time, launch.

We may occasionally ask you to complete optional online surveys. These surveys may ask you for contact information and demographic information (like zip code, age, gender, etc.). We use this data to customize your experience at ZAMCASH.

Camera Microphone and Storage access.

We require camera access to scan and capture the required KYC documents thereby allowing us to auto-fill relevant fields.

We require microphone permissions to enable a two-way communication with you for the purpose of performing and completing your KYC. Your audio shall be recorded for regulatory purpose.

We require storage permission so that your KYC and other relevant documents can be securely downloaded and saved on your phone. You can then easily upload the correct KYC related documents for faster loan application details filling and disbursal process.

Disclosure

We will not voluntarily disclose your personal information to any third party but in exceptional circumstances, we may do so if we are required by a court order, by Government Authorities, by law enforcement authorities or by other legal processes or where it becomes necessary to do so to protect the rights or property of ZAMCASH and/or Biu Capital Limited, etc. We may also disclose your information to a third party as part of a merger or transfer or any restructuring.

Cookies

A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. ZAMCASH uses cookie and tracking technology depending on the features offered. No personal information/ data/details will be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Password Policy

ZAMCASH requires that you protect your privacy by maintaining the secrecy of the username and password you use for any of our Services. ZAMCASH shall not be responsible for any loss you incur as a result of your failure to keep your username and password secret.

Changes to this Privacy Policy

ZAMCASH reserves the right to change or update this Privacy Policy or any other part of our policies/practices at any time without giving any prior notification; hence, you are requested to review the Privacy Policy periodically, to make sure that you are aware of any such changes.

This Privacy Policy shall apply uniformly to the ZAMCASH website and mobile applications or any other media used for its Services. Any changes or updates will be effective immediately upon posting the same on our web site.

Consent to International Transfer of Data

By using or participating in any Service and/or providing us with your information, you consent to the collection, transfer, storage and processing of your information outside Zambia, consistent with this Privacy Policy. Please note that the data protection laws of countries to which your information may be transferred shall be at same level as that of Zambia.

Data Retention

We take reasonable steps to ensure that information about you is available only for so long as is necessary for the purpose for which it is processed, or longer if required under any contract, by applicable law, or for statistical purposes, subject to appropriate safeguards.

Third-Party Links and Content on Our Services

Our Services may link to third-party websites and services that are outside our control. Further, ZAMCASH, its group companies, its affiliates, and their directors and employees (“ZAMCASH Group”) accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential, punitive, or exemplary loss, damage or expenses) from your use of any mobile application or any site or inability to use by any party, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, omission, interruption, imperfection, fault, mistake or inaccuracy with any mobile or online application, its contents (material, information, data, money market movements, news items, etc.) or associated services, or due to unavailability of any application or any part thereof or any contents or associated services even if ZAMCASH Group are advised of the possibility of such damages, losses or expenses.

Intellectual Property Rights

Please note that ZAMCASH retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to all information provided on or via this web site (including all texts, graphics and logos).

Consent to collection and use of information

You consent to the collection and use of the information you disclose to ZAMCASH in accordance with this Privacy Policy, including but not limited to your consent for sharing your information as per this Privacy Policy.

Disclaimer

Kindly note that ZAMCASH does not collect personal information about individuals except when such individuals specifically provide such information on a voluntary basis. Upon such voluntary disclosure of personal information, we may further verify, collate or receive information about you from publicly and commercially available sources (as permitted by law), which we may combine with other information we receive from you. We may also receive information about you from third-party social networking services if you are already connected with those services. ZAMCASH shall, at all times, ensure to implement reasonable security practices and procedures (such as managerial, operational, physical and technical) for the purpose of protection and safeguarding of your personal data and information as the same is of vital importance to ZAMCASH. At ZAMCASH, we are strongly committed to protecting the personal and financial information that you submit to us. Personal information of individual users will not be sold or otherwise transferred to unaffiliated third parties without your approval at the time of collection. However, please note that although we take reasonable steps to protect your information, no website, internet transmission, computer system or wireless connection is completely secure. ZAMCASH shall ensure to safeguard the security and confidentiality of any information you share with us. Any of your personally identifiable information obtained by us shall not be used or shared other than for the purposes to which you consent. However, despite our utmost efforts to protect your personal information, ZAMCASH cannot warrant the security of any information you transmit to us through our online services/ applications. By accepting this Privacy Policy, you accept that such transmission of your personal information is done at your own risk. Your information/inputs/queries as a registered user are required to serve you better and the same shall not be shared with anyone without your consent. However, we may disclose your personal data to agents or contractors of ZAMCASH and/or its group companies/affiliates to enable processing of transactions or communications with you “on need” basis. Your aforesaid information may be further used for assessment and analysis of our market, customers, products, and services and to understand the way people use our Services so that we can improve them and develop new products and services. However, it shall be on the basis that the agents are required to keep the information confidential and will not use the information for any other purpose other than to carry out the services they are performing for ZAMCASH and/or its group companies/affiliates.

No contractual obligation

Please note that this Privacy Policy does not create any contractual or other legal rights in or on behalf of any party, nor is it intended to do so.


TERMS AND CONDITIONS


Last updated on 01.12.2021


Customers/Users must read and agree to the following Terms and conditions (“Terms”) before applying for any loan and/or filling any applications form/s (“Forms”). By using our platform or website or services you agree to the terms and conditions and various disclaimers set forth herein.


In the event that user does not agree to any terms and conditions mentioned below, they should not continue with the application or usage of the website/platform/services.


Services


You acknowledge that the Website/Platform allows you to:

- apply for pay day loans;

- confirm your creditworthiness;

- determine your eligibility for getting a loan;

- manage your loans

- make repayments;


Submission of User details does not guarantee that ZAMCASH shall provide loan to the applicant. The decision to provide loan shall be made solely by ZAMCASH. ZAMCASH reserves the right to make necessary amendments in the terms from time to time and this can be accessed via our website http://www.zamcash.co .


Eligibility requirement


Our services are offered to users who are at-least 21 years old. By using our platform or services you acknowledge and agree that you are above 21 years of age and are legally authorised to enter into a legal agreement under the applicable laws.


The Company reserves the right to refuse access to the Platform or Platform Services to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.


Consent to Contact


By using our services/platform you agree to be contacted by us via e-mail, phone, letters or any other mode of communication as deemed suitable by ZAMCASH


Use of Content


ZAMCASH hereby grants you access to view, download and print such Content and documents on the Platform required for availing the Services.


You hereby agree that you shall not


modify or alter the Content available on the Platform;


distribute or sell, rent, lease, license or otherwise make any Content/documents available on the Platform available to others; and


remove any text, copyright or other proprietary notices or create copies for purposes of distribution contained in the Content/documents downloaded from the Platform.


Defame, abuse, harass, threaten or otherwise violate the legal rights of others;


Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;


Engage in any activity that interferes with or disrupts access to the Platform or the Platform Services (or the servers and networks which are connected to the Platform);


You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under your Account;


Use of another User’s Account information for availing the Platform Services is strictly prohibited;


You agree not to access the Platform/Services and the materials by any means other than through the interface that is provided by the Company;


You shall not attempt to gain unauthorized access to any content, portion or feature of the Platform, any other systems or networks connected to the Platform by hacking, password mining or any other illegitimate means;


Use the Platform or any material or Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;


Violate any applicable laws or regulations for the time being in force within or outside India;


Violate anyone’s right to privacy;


Violate the Terms of Use contained herein or elsewhere;


You shall be solely responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use and transact with ZAMCASH.


Disclaimer of Warranties & Liability


The materials provided on this website are provided "as-is", "where-is" without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property. ZAMCASH’s obligations with respect to its products/platforms/services are governed solely by the agreements under which they are provided and nothing on the website should be construed to alter such agreements. In addition, ZAMCASH does not warrant the accuracy or completeness of the materials on the platform/website. ZAMCASH may make changes and/or updates to the materials on the website, or to the products/services and prices described, at any time without notice.


ZAMCASH does not represent or warrant that the functions and services available on our platform/website will be uninterrupted or error-free, that any defects will be corrected, or that the website or the server that makes the website available are free of viruses or other harmful components.


ZAMCASH disclaims any and all liability for the acts, omissions and conduct of any users or other third parties in connection with or related to your use of the platforms/websites/services. You assume total responsibility for your use of the platform/website and any linked websites.


Termination


The Terms and conditions shall continue to apply until terminated by the user or the company. In cases the user wants to terminate the account, the user has to close the account and pay any amount liable towards the company.


ZAMCASH may, at any time, with or without notice, terminate your Account and/or prevent your use of the Platform/services in case:

- You breach or violate any of the provisions of the Terms and conditions;

- The Company is required to do so by law;

- The company is of the opinion that usage by you is no longer commercially viable or is detrimental to the company or its business;


The termination of your Account or prohibition of use of the Platform shall not relieve you of any liability that you may have incurred or may incur in relation to use of Platform/Services.


ZAMCASH shall not be liable to you or any third party for any termination of your Account, prohibition of use of the Platform or your access to the Platform/Services.


The provisions relating to copyrights, patents, trademarks, disclaimer shall continue post termination.


Governing Law


The Terms and conditions and all transactions entered into on or through the Platform and the relationship between you and the Company shall be governed in accordance with the laws of Zamiba.


You agree that all claims, differences and disputes arising under or in connection with or in relation to the Platform, the Terms and conditions or any transactions entered into on or through the Platform or the relationship between you and the Company shall be subject to the exclusive jurisdiction of the Courts at Lusaka, Zamiba and you hereby accede to and accept the jurisdiction of such Courts.


Communications


You may send any queries regarding to our platform/services to [email protected].


Intellectual Property Rights


All information, arrangement, graphics, logos, videos, audio are the intellectual property of ZAMCASH. Any usage of any content on the website, Platform/Services is illegal under the intellectual property rights. ZAMCASH shall enforce law to the maximum extent possible in case we believe that you have violated the intellectual property rights of the company under governing laws. Any unauthorised usage of our Platform/Services, Logos, text, graphics, trademarks, copyrights, patents subject you to severe penalties or damages under the governing laws.


If you believe the Platform/Services has violated your intellectual property please write to us at [email protected] .


Reservation Rights


ZAMCASH reserves all rights to itself that are not expressly granted herein.


Complaints handling procedure


Dear Esteemed Customer,


We are committed to provide you with an excellent standard of service. However, we recognize that sometimer our service may fail short your expectations and we want you to tell us so that we can address your concerts as quickly as possible.


What should you expect?


- We will record your complaint and provide you with a tracking number for reference purpose;

- We will attend to your complaint promptly and fairly;

- Your complaint shall be fully investigated and results communicated to you;

- The cause of the complaint will be identified and steps taken to prevent reoccurrence.


How you can present your complaint?


- By phoning our Call Centre. 096 2304 091

- By emailing us on [email protected].



How you can report your fraud case?


There have been reported cases of fraud directed to some of our customers. Please remember, Zamcash and its authorized agents will *NEVER* visit you in person to collect payments from you.

- If you are approached by anyone asking to collect your payment and claiming to represent Zamcash, please immediately report the encounter to [email protected], or call us 096 2304 091.

- If you are approached by anyone asking for service fee and claiming to represent Zamcash Agent, please immediately report the encounter to [email protected], or call us 096 2304 091.



How we deal with your complaint?


- We aim resolve all complaints as and when we receive them.

- Depending on the nature of the complaint, you may be asked for to fill in or provide supporting document in order to facilitate investigation and resolution of the complaint.

- If the complain required further investigation and may take longer than 5 working days, we will seed you a written acknowledgement within 2 working days.

- If you complaint remain unresolved with 10 working days, we will send you a written update.



Thank you for helping us improve our service.