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Legal

Last updated: 13 February 2026

Privacy Policy

EvalFin ("we", "us", or "our") is committed to protecting the privacy of our users and their clients. This Privacy Policy explains how we collect, use, store, and share personal information through our platform and website, in compliance with the Protection of Personal Information Act, 2013 (POPIA).

1. Data Controller

EvalFin is the responsible party (data controller) for the processing of personal information through this website and the EvalFin platform. For any enquiries, please contact our Information Officer at hello@evalfin.com.

2. Personal Information We Collect

We may collect the following categories of personal information:

  • Account information: Name, email address, phone number, company name, and job title when you register or request a demo.
  • Credit bureau data: Consumer credit data retrieved via integrated third-party credit bureaus (Datanamix, Experian) on behalf of authorised users for the purposes of credit assessments and debt counselling.
  • Usage data: IP addresses, browser type, pages visited, session duration, and other analytics data collected automatically when you use our website or platform.
  • Communication data: Records of correspondence when you contact us via email or our contact form.

3. Purpose and Legal Basis for Processing

We process personal information for the following purposes:

  • To provide and maintain the EvalFin platform and its services.
  • To facilitate credit bureau lookups and generate credit assessments as requested by authorised users.
  • To communicate with you regarding your account, support requests, and service updates.
  • To comply with legal obligations under the National Credit Act (NCA), NCR regulations, and other applicable laws.
  • To improve our services through aggregated, anonymised usage analytics.

Our legal bases for processing include: the performance of a contract, compliance with legal obligations, our legitimate interests, and your consent where applicable.

4. Third-Party Data Sharing

We may share personal information with:

  • Credit bureaus: Datanamix and Experian, for the purpose of retrieving consumer credit data on behalf of authorised platform users.
  • Service providers: Hosting, analytics, and email providers who assist in operating our platform, under strict data processing agreements.
  • Law enforcement or regulators: When required by law or to protect our legal rights.

We do not sell personal information to any third party.

5. Data Retention

We retain personal information only for as long as necessary to fulfil the purposes for which it was collected, or as required by law. Credit bureau data retrieved through the platform is retained in accordance with NCA record-keeping requirements. Account data is retained for the duration of your account and for a reasonable period thereafter for legal compliance purposes. You may request deletion of your data at any time, subject to legal retention obligations.

6. Data Subject Rights

Under POPIA, you have the right to:

  • Access - Request confirmation of whether we hold your personal information and obtain a copy.
  • Correction - Request that inaccurate or incomplete personal information be corrected or updated.
  • Deletion - Request the deletion or destruction of your personal information where it is no longer necessary.
  • Objection - Object to the processing of your personal information on reasonable grounds.
  • Restriction - Request the restriction of processing in certain circumstances.
  • Complaint - Lodge a complaint with the Information Regulator if you believe your rights have been infringed.

To exercise any of these rights, please contact our Information Officer at hello@evalfin.com.

7. Cross-Border Transfers

Where personal information is transferred outside of South Africa (for example, to cloud infrastructure providers), we ensure that adequate safeguards are in place as required by Section 72 of POPIA. This includes ensuring the recipient country has adequate data protection legislation or that binding agreements are in place.

8. Security Measures

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

  • AES-256 encryption for all data at rest and in transit.
  • Role-based access controls and authentication mechanisms.
  • Regular security audits and vulnerability assessments.
  • Infrastructure hosted on platforms with ISO 27001, ISO 27017, ISO 27018, ISO 27701, and SOC 1/2/3 certifications.

9. Information Officer

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the EvalFin website and platform. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, you may not use our services.

1. Service Description

EvalFin provides a credit assessment platform designed for South African debt counsellors, credit providers, and credit brokers. The platform enables users to pull credit bureau data, score clients, manage cases, and streamline workflows from a single interface.

2. Eligibility

You must be at least 18 years old and legally authorised to enter into these Terms. If you are using EvalFin on behalf of a business, you represent and warrant that you have authority to bind that business to these Terms.

3. Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use. EvalFin shall not be liable for any loss arising from your failure to secure your account.

4. Acceptable Use

You agree not to:

  • Use the platform for any unlawful purpose or in violation of any applicable regulation, including the National Credit Act.
  • Access credit bureau data for any purpose other than legitimate credit assessments or debt counselling activities.
  • Attempt to gain unauthorised access to the platform, other user accounts, or related systems.
  • Reverse-engineer, decompile, or disassemble any part of the platform.
  • Transmit any malicious code, viruses, or harmful data through the platform.

5. Intellectual Property

All intellectual property rights in the EvalFin platform, including software, designs, trademarks, and content, are owned by EvalFin or its licensors. Your use of the platform does not grant you any ownership rights. You may not copy, modify, distribute, or create derivative works of any part of the platform without prior written consent.

6. Data and Credit Bureau Terms

Credit bureau data accessed through the platform is subject to the terms and conditions of the relevant credit bureau (Datanamix, Experian). You acknowledge that you are solely responsible for ensuring that your use of such data complies with the NCA, POPIA, NCR regulations, and the credit bureau's own terms.

7. Service Availability

We strive to maintain continuous availability of the platform but do not guarantee uninterrupted or error-free service. We may suspend access for maintenance, updates, or reasons beyond our reasonable control. We shall not be liable for any losses arising from service interruptions.

8. Limitation of Liability

To the maximum extent permitted by South African law, EvalFin shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the platform. Our total liability for any claim arising from these Terms shall not exceed the fees paid by you to EvalFin in the twelve (12) months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless EvalFin, its directors, employees, and agents from any claims, losses, or damages (including legal fees) arising from your breach of these Terms or your misuse of the platform.

10. Termination

Either party may terminate this agreement at any time by providing written notice. EvalFin reserves the right to suspend or terminate your account immediately if you breach these Terms. Upon termination, your right to access the platform ceases, and we may delete your data after a reasonable retention period, subject to legal obligations.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

12. Dispute Resolution

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may refer the matter to mediation or, failing that, to the appropriate South African court.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting a notice on our website or by email. Continued use of the platform after changes take effect constitutes your acceptance of the revised Terms.

POPIA Compliance

EvalFin is fully committed to complying with the Protection of Personal Information Act, 2013 (Act 4 of 2013) ("POPIA"). This section outlines how we uphold the conditions for lawful processing and protect the rights of data subjects.

Our Commitment

As a platform that handles sensitive consumer credit information, we recognise the importance of data protection. We have implemented comprehensive policies, procedures, and technical safeguards to ensure that all personal information is processed lawfully, transparently, and securely.

The Eight Conditions for Lawful Processing

POPIA sets out eight conditions that must be met for the lawful processing of personal information. EvalFin adheres to each:

  • 1. Accountability
    EvalFin takes responsibility for ensuring that all processing of personal information complies with POPIA. We have appointed an Information Officer to oversee compliance.
  • 2. Processing Limitation
    We only collect and process personal information that is necessary, adequate, and relevant to the purpose for which it is collected. Processing is performed with the consent of the data subject or on another lawful basis.
  • 3. Purpose Specification
    Personal information is collected for specific, explicitly defined, and legitimate purposes. We do not process data in a manner incompatible with the original purpose of collection.
  • 4. Further Processing Limitation
    Any further processing of personal information is compatible with the purpose for which it was originally collected, unless we obtain additional consent or have a lawful basis.
  • 5. Information Quality
    We take reasonable steps to ensure that personal information is complete, accurate, not misleading, and updated where necessary.
  • 6. Openness
    We are transparent about what personal information we collect and how it is used. This legal page and our Privacy Policy above serve as our notification to data subjects.
  • 7. Security Safeguards
    We implement appropriate technical and organisational measures to protect personal information, including AES-256 encryption, role-based access controls, and infrastructure certified to ISO 27001 and SOC standards.
  • 8. Data Subject Participation
    Data subjects have the right to access, correct, and delete their personal information. We facilitate these rights through clear processes and timely responses.

Your Rights Under POPIA

As a data subject, you have the right to:

  • Be notified that your personal information is being collected, and the purpose thereof.
  • Request access to your personal information held by EvalFin.
  • Request the correction, destruction, or deletion of your personal information.
  • Object to the processing of your personal information on reasonable grounds.
  • Object to the processing of your personal information for direct marketing.
  • Not be subject to a decision based solely on automated processing, including profiling, that produces legal effects.
  • Lodge a complaint with the Information Regulator regarding an alleged infringement of your rights.

Information Regulator

If you believe your rights under POPIA have been infringed, you may lodge a complaint with the Information Regulator:

Information Officer

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