Kuda Holdings Proprietary Limited (Registration Number: 2008/018404/07) Promotion of Access to Information Act Manual
1.1 Kuda Holdings Proprietary Limited and its subsidiary, Kuda Foreign Exchange Proprietary Limited
(2012/221693/07), (collectively, “Kuda”) are authorised financial services providers in terms of the Financial
Advisory and Intermediary Services Act 37 of 2002 and regulated by the Financial Sector Conduct Authority
1.2 Kuda is a luxury lifestyle insurer and registered foreign exchange intermediary based in Cape Town with its
operations spanning across South Africa.
1.3 This manual has been prepared in accordance with the terms of section 51 of the Promotion of Access to
Information Act, 2 of 2000 (“the Act”).
2 Contact Details and Information Officer
2.1 The contact details for Kuda are as follows:
Physical Address: 16 Beach Bay Boulevard
Postal Address: PO Box 151
Telephone: +27 (21) 554 5832
Website Address: www.kuda.co.za
CEO: Wéhann Smith
2.2 Kuda has duly authorised and appointed the information officer below to whom requests for access to information
must be made in terms of the Act:
Information Officer: Sarah Cunningham
Telephone: +27 (21) 554 5832
3 Guide referred to in Section 10 of the Act
3.1 Any person who wishes to exercise any right contemplated in the Act may obtain a copy of the information guide
issued by the Human Rights Commission in terms of section 10(1) of the Act from the Human Rights Commission.
3.2 The contact details of the Human Rights Commission are as follows:
Telephone: 011 484 8300
Fax: 011 484 0582
4 Notice in terms of section 52(2) of the Act
As at the date of publication of this manual, no notice has been published on the categories of records that are
automatically available without a person having to request access in terms of the Act.
5 Records available in terms of other legislation
Records are kept by Kuda in accordance with the following legislation:
5.1 Basic Conditions of Employment Act, 75 of 1997;
5.2 Companies Act, 71 of 2008;
5.3 Compensation for Occupational Injuries and Diseases Act, 130 of 1993;
5.4 Consumer Protection Act, 68 of 2008;
5.5 Electronic Communications and Transactions Act, 25 of 2002;
5.6 Employment Equity Act, 55 of 1998;
5.7 Financial Advisory and Intermediary Services Act, 37 of 2002;
5.8 Financial Intelligence Centre Act, 38 of 2001;
5.9 Financial Sector Regulation Act, 9 of 2017;
5.10 Income Tax Act; 58 of 1962;
5.11 Labour Relations Act, 66 of 1995;
5.12 National Credit Act, 34 of 2005;
5.13 Skills Development Act, 97 of 1998;
5.14 Skills Development Levies Act, 9 of 1999;
5.15 Unemployment Insurance Act, 63 of 2001;
5.16 Unemployment Insurance Contributions Act, 4 of 2002;
5.17 Value-Added Tax Act, 89 of 1991.
6 Subjects and Categories of Records Held
This section of the manual sets out the subjects and categories of records held by Kuda. The inclusion of any subject or
category of records should not be construed as an indication that records falling within that subject or category shall be
made available. In particular, certain grounds of refusal, as set out in the Act, may be applicable to such records.
6.1 Statutory Company Documents:
6.1.1 memoranda of incorporation and registration certificates of the companies in Kuda;
6.1.2 share registers; and
6.1.3 other statutory registers.
6.2 Accounting Records:
6.2.1 accounting records, books and documents;
6.2.2 interim and annual financial reports;
6.2.3 invoices in respect of creditors and debtors;
6.2.4 tax returns;
6.2.5 banking information; and
6.2.6 other financial records.
6.3 Information Technology:
6.3.1 computer and telecommunications software, support and maintenance agreements; and
6.3.2 other documentation pertaining to computer and printer systems, telecommunications and computer
6.4 Intellectual Property:
6.4.1 trade marks and copyright;
6.4.2 records relating to domain names; and
6.4.3 licences and other agreements relating to intellectual property rights.
6.5 Personnel Records:
6.5.1 list of employees;
6.5.2 contracts and/or documentation pertaining to arrangements with directors;
6.5.3 personnel files in respect of the employees;
6.5.4 other information relating to employees; and
6.5.5 internal phone lists.
6.6 Governance records:
6.6.1 minutes of meetings;
6.6.3 directives; and
6.7.1 articles and newsletters;
6.7.2 educational resources and training materials;
6.7.3 educational and training content; and
6.7.4 circulars and communications.
6.8 Miscellaneous Agreements
6.9 Movable and Immovable property:
6.9.1 agreements for the lease of immovable property;
6.9.2 agreements for the purchase of movable property; and
6.9.3 other agreements for the purchase, ordinary sale, conditional sale or hire of assets.
7 Right to Refuse Access to Information
7.1 Kuda has the right to refuse access to records where:
7.1.1 the record would unreasonably disclose personal information about a natural person, including a deceased
individual (unless written permission for access is granted); and
7.2 the record contains one of the following:
7.2.1 trade secrets;
7.2.2 financial, commercial, scientific or technical information whereby the disclosure thereof could likely cause harm
to the financial or commercial interests of a third party or Kuda;
7.2.3 information about research by a third party or Kuda which could put that third party or the entity at a
disadvantage in a negotiation or prejudice him in competition, unless written consent is given;
7.2.4 access would put the entity in breach of a duty of confidence which we owe a third party unless that third party
gives written consent for access to be granted;
7.2.5 access could be expected to endanger someone’s life or physical safety, prejudice or impair the security of a
building, structure, system, means of transport or other property;
7.2.6 the record is privileged from being produced as evidence in legal proceeding, unless the person protected has
waived that protection;
7.2.7 if the request is for access to your personal information and you could not provide adequate proof of identity to
7.2.8 requests for information that are frivolous or vexatious, or which involve an unreasonable diversion of resources
shall be refused.
8 Procedure for Requesting Documents
8.1 Form of request
8.1.1 The requester is required to use the prescribed form annexed hereto as “A” to submit a request for access to a
record held by Kuda. The request is required to be made to the address or fax number or e-mail address of the
information officer of Kuda and should be clearly addressed to the information officer.
8.1.2 The requester is required to provide sufficient particularity on the request form to enable the information officer
to identify the record and the requester. The requester should also indicate which form of access to the record is
required and if he or she wishes to be informed in any other manner and state the necessary particulars to be
8.1.3 The requester is required to state the right that he or she is seeking to exercise or protect and provide a written
explanation as to why the requested record is required for the exercise or protection of that right.
8.2.1 The fee for a copy of this manual is R1.10 for every photocopy of an A4-size page or part thereof.
8.2.2 The request fee payable by a requester, other than a person seeking access to a record containing his or her
personal information, is R50.00.
8.2.3 The access fees payable by a requester whose request for access to a record of Kuda has been granted are as follows:
For every photocopy of an A4-size page or part thereof
For every printed copy of an A4- size page or part thereof held on a computer or in electronic or machine readable form
For a copy in a computer-readable form on –
For a transcription of visual images, for an A4-size page or part thereof
For a copy of visual images
For a transcription of an audio record, for an A4-size page or part thereof
For a copy of an audio record
8.2.4 To search for and prepare the record for disclosure, R30.00 for each hour or part of an hour reasonably required
for such search and preparation.
8.2.5 For purposes of section 54(2) of the Act, the following applies:
188.8.131.52 Six hours as the hours to be exceeded before a deposit is payable; and
184.108.40.206 One third of the access fee is payable as a deposit by the requester.
8.2.6 The actual postage is payable when a copy of a record must be posted to a requester.
9 Availability of the Manual
The manual will be available for inspection at the offices of Kuda free of charge or on Kuda’s website at
Last Updated: 3/24/2021
1.1 “Cookies” refers small text files transferred by a web server to, and stored on, your hard drive which help you to
navigate the Website as easily as possible.
1.2 “Information Regulator” refers to the Information Regulator established in terms of section 39 of POPIA.
1.3 “Kuda” refers to Kuda Holdings Proprietary Limited, a private company duly registered in terms of the laws of the
Republic of South Africa with registration number 2008/018404/07 and its subsidiary, Kuda Foreign Exchange
Proprietary Limited, a private company with registration number 2012/221693/07.
1.4 “Personal Information” refers to Personal Information as defined in POPIA and/or third party information provided by
you pursuant to your use of the Website and/or accessing the Services.
1.5 “POPIA” refers to the Protection of Personal Information Act, 4 of 2013, as amended.
1.7 “Services” refers to any services offered by Kuda.
1.8 “Website” refers to, and includes any part or element of, www.kuda.co.za, and any sub-site or other website owned
or used by Kuda from time to time.
2.1 Kuda respects your privacy and is committed to processing and protecting your Personal Information in a
lawful, fair and transparent manner that does not infringe your privacy.
you should not make use of the Website or access our Services.
2.3 The Website may contain links to websites operated by third parties. Kuda is not responsible for the content
provided in respect of such websites, Personal Information collected by such websites and/or the privacy policies of
such websites and it is recommended that you refer directly to these third parties regarding their privacy policies
before supplying any Personal Information to them.
3 What information is collected?
3.1 When you use or visit our Website, we may collect certain information that is not Personal Information, such as your
Internet Protocol (“IP”) address, operating system, browser type, and internet service provider. This type of
information does not identify you personally.
3.2 When you use our Website or access the Services, we may also collect Personal Information that you provide to
Kuda for such purpose. This Personal Information may contain information about you but may also include
someone else’s Personal Information provided by you.
3.3 In particular, we may collect and process the following Personal Information about you:
3.3.1 information that you provide by filling in forms, which entails the disclosure to Kuda of certain Personal
Information such as your first and last names, telephone numbers, physical, postal and e-mail addresses,
banking and/or credit card details, company information, residential addresses, business addresses, company
registration documents, financial information, asset information, credit histories, tax details, related party
information and other information. This includes information provided at the time of your registering, subscribing,
submitting, posting material to Kuda for the purpose of using the Website or accessing the Services;
3.3.2 information that we may ask you for when you enter any competition or promotion featured on our Website;
3.3.3 information that relates to records of correspondence between us;
3.3.4 information from surveys that you choose to complete for Kuda that we use for research purposes; and
3.3.5 details of transactions you carry out with Kuda, whether through our Website or otherwise, and of the fulfilment
of any contract you enter into with Kuda.
3.4 If, pursuant to your use of the Website or accessing the Services, you disclose a third party’s Personal Information:
3.4.1 you must ensure that such third party is aware of the disclosure of the Personal Information to Kuda and the
3.4.2 you warrant that such third party has consented to the disclosure of the Personal Information to Kuda and this
3.4.3 you agree that you will be responsible for any such Personal Information disclosed to Kuda and will, upon
request, assist Kuda with responding to any requests from such third party, including but not limited to requests
to access, delete or otherwise change their Personal Information.
4 How is my information stored?
4.1 Your Personal Information is stored on servers located in South Africa. The hosting provider is bound by a privacy
agreement entered into with Kuda and your Personal Information is stored securely, privately and is accessed using
encrypted channels. In case of fire or damage to these servers, a backup solution exists to ensure no single point of
4.2 Electronic Personal Information is stored in a secure database and location which is protected behind firewalls and
is hosted in such a way that the database itself is not accessible to the outside world. However, the transmission of
Personal Information via the internet is at your own risk and Kuda accepts no responsibility or liability for any
security breach or in the event your Personal Information is damaged, loss disclosed, copied or modified in any
5 How is my information used?
By using the Website and/or accessing the Services, you hereby acknowledge and agree that:
5.1 Your Personal Information is stored and collected for purposes of processing orders and instructions, transacting
with you, registration and verification, communicating with you, marketing and advertising, to respond to your
queries or otherwise as may be required by law.
5.2 Kuda may access, aggregate and use your non-personalised Personal Information for internal business purposes
such as generating statistics and developing strategic and marketing plans, in order to improve its Services, Service
offerings or ranges, and provide Kuda’s customers with better information regarding the Services. Kuda may also
sell such aggregated and non-personalised Personal Information to third parties from time to time.
5.3 Kuda will use your Personal Information to contact you about promotions, news, updates and other information
relating to its the Website and the Services. Should you wish to opt out of certain communications received from
Kuda, you may elect to do so by notifying Kuda of your preference.
5.4 Kuda may access your Personal Information to carry out any contracts with you, enforce a contract with you,
respond to any queries you make and notify you about changes to the Services.
5.5 Kuda will process your Personal Information in accordance with its obligations in terms of the relevant laws,
including POPIA, and in doing so, Kuda undertakes not request unnecessary Personal Information, process your
Personal Information outside the legitimate purpose for which it was collected, share, rent or sell your Personal
Information disclosed to it with third parties except when you have consented or directed Kuda to share the
Personal Information with service providers, affiliates and partners who perform services on Kuda’s behalf.
6 Is my information secure?
6.1 The transmission of Personal Information via the internet or other electronic channels such as e-mail is not secure
and Kuda cannot guarantee the security of such Personal Information. Transmission of your Personal Information is
entirely at your own risk. Once received, Kuda uses reasonable technical and organisational measures to secure
the integrity of the Personal Information under its control and to prevent the loss of, damage to or unauthorised
destruction of your Personal Information and unlawful access to or processing of your Personal Information.
6.2 Kuda is also committed to protecting your Personal Information offline by ensuring that all of your Personal
Information, and not just sensitive information, is restricted to only those employees of Kuda who need it to perform
a specific task in terms of an agreement with you.
6.3 When a significant change in the processing of Personal Information is introduced, Kuda will undertake a data
protection impact assessment prior to implementing such change.
6.4 If you have chosen or been given a password to access certain parts of the Website, you are responsible for
keeping that password confidential. Please do not share this password with anyone.
6.5 Where Kuda has reasonable grounds to believe that your Personal Information under its control has been accessed
or acquired by an unauthorised person, Kuda will notify you and the Information Regulator without delay in
accordance with the requirements of POPIA.
7 How long is my information retained for?
Your Personal Information will be stored, processed and used by Kuda only for so long as you are an active client with
Kuda and as may be necessary to provide the Services to you, comply with any applicable laws, resolve disputes and to
enforce its agreements.
8 Accessing and modifying Personal Information and communication preferences
8.1 You may access, remove, review and/or make changes to Personal Information that you provide Kuda with, by
sending a notification of such change of Personal Information to Kuda at the address in clause 14 below. Kuda may
also send you any legally required notifications and certain notifications including service-related notices and
notices regarding a change to any of its policies. You can always opt out of certain communications from Kuda,
including e-mail notifications to you.
8.2 We will not change any of your preferences without your consent.
selection. Cookies may be used whether you register with Kuda or not. The types of information a Cookie collects
include the date and time of your visits to the Website, your browsing history on the Website, your preferences and
your username (if any).
9.2 Cookies enable Kuda to:
9.2.1 estimate the size and usage pattern of the Website’s audience;
9.2.2 store information about your preferences, which allows Kuda to customise the Website to your individual
9.2.3 speed up your searches; and
9.2.4 recognise you when you return to the Website.
any Cookies used by third parties.
10.1 On rare occasions, Kuda may be required to disclose your Personal Information due to legal or regulatory
requirements. In such instances, Kuda reserves the right to disclose your Personal Information as required in order
to comply with its legal obligations including complying with court orders, warrants, subpoenas, service of process
requirements or discovery requests.
10.2 Kuda may also disclose information about you to law enforcement officers or others, in the good-faith belief that
legal claims, to protect its intellectual property rights or the personal safety of its employees, officers, directors,
agents or contractors or the general public.
10.3 We will notify you of any transaction in which substantially all of our assets which contain your Personal Information
are sold to or merged into another company. The acquiring company will be given access to your Personal
Information without your consent.
11 What are my rights?
11.1 You have the right, at any time, to know whether your Personal Information is being stored or processed by Kuda,
consult with Kuda as to the contents and rationale for processing of such Personal Information, view and request
copies of your Personal Information, to verify the accuracy of your Personal Information or to request that the
Personal Information be updated, supplemented or corrected, withdraw a previously given consent for the
processing or automated processing of your Personal Information, object to the processing of your Personal
Information for any and all legitimate reasons, or to ask for the deletion of your Data.
11.2 Any request pursuant to this clause 11 must be addressed to Kuda’s information officer in writing by way of e-mail
to the e-mail address below.
11.3 You also have the right to lodge a complaint with the Information Regulator regarding the processing of your
Personal Information. The contact details of the Information Regulator are as follows:
33 Hoofd Sreet, Forum III, 3 rd Floor, Braampark
PO Box 31533, Braamfontein, Johannesburg, 2017
Tel No. +27 (0) 10 023 5200
Complaints e-mail: complaints.IR@justice.gov.za
Kuda does not knowingly store or process Personal Information of persons under the age of 18.
13 Amendment of this Policy
publication thereof on the Website, and you waive any right you may have to receive specific notice of such
14 How to contact Kuda
Last Updated: 3/24/2021
Kuda Holdings Proprietary Limited (Registration Number: 2008/018404/07) Website Terms and Conditions of Use
1.1 “Business Day” refers to any day which is not a Saturday, Sunday or official public holiday in the Republic of South Africa.
1.2 “Cookies” refers to small pieces of information stored on your hard drive which help you to navigate the Website as
easily as possible.
1.3 “Content” refers to all content, videos, products, text and/or other materials embedded, displayed or made available
on the Website from time to time.
1.4 “Data” refers to Personal Information as defined in the Electronic Communications and Transactions Act, 25 of
2002 and/or in the Protection of Personal Information Act, 4 of 2012 and/or third party information provided by you
pursuant to your use of the Website.
1.6 “Services” refers to any services offered by Kuda.
1.7 “Kuda” refers to Kuda Holdings Proprietary Limited, a private company duly registered in terms of the laws of the
Republic of South Africa with registration number 2008/018404/07 and its subsidiary, Kuda Foreign Exchange
Proprietary Limited, a private company with registration number 2012/221693/07.
1.9 “Website” refers to, and includes any part or element of, www.kuda.co.za, and any sub-site or other website owned
or used by Kuda from time to time.
2 Use of the Website and the Content
You undertake to:
2.1 use the Website and the Content only for the purposes for which they are intended and in accordance with these
Terms and Conditions, and for no other purpose;
2.2 not reverse engineer, decompile or disassemble the Website, or attempt to do so;
2.3 not attempt to gain unauthorised access to the Website or related systems or networks;
2.4 not copy the Website and the Content or any part, function or feature thereof;
2.5 not circumvent, remove, alter, deactivate, degrade or thwart any of the protections in respect of the Website or the
2.6 not use any code, software or device to interfere or attempt to manipulate the Website or any part, function or
feature thereof and/or interfere with its proper working.
3 Intellectual Property Rights
any other right is granted to you in respect of the Website and the Content and you will not, and will not permit any
third party to, archive, download (other than through caching necessary for personal use), reproduce, distribute,
modify, display, create derivative works from the Website and the Content without Kuda’s prior written consent.
3.2 You acknowledge and agree, as between you and Kuda:
3.2.1 All intellectual property rights in and to the Website and the Content, including all source information, data and
code, vest in Kuda.
3.2.2 You will not, and shall not permit or assist any third party, to infringe Kuda’s rights in and to the Website and the
3.2.3 You will not challenge, question or dispute Kuda’s right, title and interest to any of its intellectual property rights
in and to the Website and the Content, nor the ownership thereof or assist any other person or entity to do so.
4 Privacy and Data Collection
4.2 You consent to the processing of your Data and the use of images and/or videos of you by Kuda for purposes of
4.3 Kuda does not and will not assume any obligations with respect to your Data or the use of your Data other than as
4.4 Where Kuda has been appointed as the preferred supplier to a third party for the provision of the Services, you
consent to the processing and disclosure of your Data to such third party and acknowledge and agree that Kuda
shall not be liable for such third party’s conduct or the third party’s website.
the Website in the form of a Cookie or similar file. You have the option of setting your browser to reject Cookies.
However, doing this will hinder performance and negatively impact your experience on the Website.
from the date of written notice from Kuda calling upon you to do so, Kuda shall have the right to take whatever action
result of such breach together with all legal costs on the attorney and own client scale.
7.1 The Website and the Content are provided "as is" without any warranties, including but not limited to
express or implied warranties of merchantability, fitness for a particular purpose, compatibility of the
Website or Content with your software or devices, title and non-infringement or about their suitability,
reliability or accuracy.
7.2 Whilst Kuda uses all reasonable commercial endeavours to ensure that the Website and the Content are
accurate and lawful, they may contain inaccuracies or errors or be unlawful. Kuda accepts no responsibility
or liability for any inaccurate, unlawful or erroneous Content.
8 Exclusion of Liability and Indemnity
You absolve Kuda and its employees, officers, directors, contractors and agents (“the Indemnified Parties”)
from all liability and indemnify them from any claim by any person for damages or loss of whatever nature
(including but not limited to consequential damages or special damages) arising directly or indirectly from your
use of the Website and the Content whatever the cause/causes are (including any negligent or grossly negligent
act or omission by any of the Indemnified Parties), save only for the exclusion of intentional action on the part of
the Indemnified Parties.
9.1 Marketing: You hereby consent to Kuda using your information to contact you about promotions and services. You
are entitled, at any stage, to opt out of these communications by clicking on the "Unsubscribe" option on the
South African law. You consent to the jurisdiction of South African courts and agree that any dispute arising out of
payment howsoever arising shall be submitted to and determined by a court of law in the Republic of South Africa.
effected by way of publication thereof on the Website, and you waive any right you may have to receive specific
notice of such changes or modifications.
involuntarily) or otherwise transferred in whole or in part by you without the prior written consent of Kuda.
party without notice to you.
9.5 Waiver: No latitude, extension of time or other indulgence which may be given or allowed by Kuda to you in respect
partial exercise of any right by Kuda shall under any circumstances be construed to be an implied consent by Kuda
or operate as a waiver or a novation of, or otherwise affect any of Kuda’s rights in terms of or arising from these
9.6 Notices: You choose the e-mail address submitted to Kuda in connection with your use of the Website and Content
or use of the Services, as may be updated from time to time, as your domicilium citandi et executandi at which all
All notices, legal processes and other communications must be delivered to Kuda for the purposes of these Terms
of Use by e-mail to the following address:
Any notice to a party delivered by email to its chosen e-mail address, unless the contrary is proved, shall be
deemed to have been received on the day of delivery or transmission as the case may be.