Consent and Declaration Terms and Conditions

By applying or providing Bayport with the OTP, I, the applicant, understand and agree that:

  1. I authorise Bayport (and Bayport’s successors) to negotiate discounted settlement (where possible) of my credit agreements with third parties.
  2. Bayport (and Bayport’s successors) may transfer its rights under this application to any third party which it may, in its sole discretion, decide to transfer its rights too. Any such third party or any person interested in this application or any agreement resulting from this application will be entitled to rely on the correctness and accuracy of the information I have set out in this application and any supporting documents which I may provide;
  3. Bayport will decide, in its sole discretion, to either approve or decline my application. If Bayport refuses to grant a loan, I am entitled to ask Bayport for its reasons in refusing to grant me credit;
  4. I consent to Bayport having ongoing access to my bureau information for the duration of my relationship with Bayport.
  5. Bayport has the right to verify all information that it, in its sole discretion, deems necessary for the purpose of approving or declining any application and I consent to Bayport conducting all such verification checks (including, without limitation, credit bureau checks, fraud database checks, employment checks, criminal checks and the like) to assess my application and to obtain any information it may require from third parties and I consent to such third parties giving Bayport the required information;
  6. I consent to Bayport obtaining and processing my personal information, including my biometric information and copies of my electronic records, from relevant institutions and associations, including my –
    1. bank statement(s) for the account(s) that I have disclosed herein; and
    2. payslips (to the extent that they are electronically available);
  7. I consent to Bayport furnishing information about me to any and all Bayport affiliates which relates to or has a bearing on any suspected or proven fraudulent activity. Bayport and its affiliates reserve the right to refer any instance of suspected or proven fraud to the SAFPS and/or SAPS and, where possible, will actively seek to prosecute those responsible;
  8. The information provided to Bayport and collected by Bayport in this application process and the verifying supporting documentation may be used by Bayport and companies associated with or appointed by Bayport for the purpose of assisting with this application and/or the conclusion of an agreement with Bayport;
  9. Various third-party service providers who are not employees of Bayport render services to Bayport and/or Guardrisk Life Limited (“Guardrisk”) and may need access to my personal information in order to render those services. I hereby instruct and consent to Bayport disclosing and/ or transferring and/or hosting my personal information to or with third parties appointed by Bayport to render services to it as well as to any third party who may acquire an interest (such as ownership, security interest or the like) in the product offering agreements concerned;
  10. I consent to the retention of my personal information for as long as is necessary to achieve the purpose for which it was collected and for such longer period as may be required by Bayport’s internal system functioning requirements.
  11. This application and all decisions and required documents will form part of any agreement/s signed with Bayport and shall be read together with that agreement/s as one document;
  12. If I have withheld information or provided false information when completing this application, I will not qualify to conclude an agreement for any Bayport product and if Bayport finds this out at a later stage, it will be entitled to cancel the agreement, without penalty, on the basis thereof.
  13. I understand that all references to personal information includes biometric information.
  14. I undertake to familiarise myself with the Bayport Terms and Conditions as displayed on the Bayport website;


  1. Your information is very important to Bayport and it will be used for reasonable efforts to ensure that any information, including personal information, is stored in a secured manner.
  2. Bayport collects information from you directly, from the information that you supply us during the course of the loan application process and where necessary, from third parties such as, but not limited to, credit bureaus, South African Fraud Prevention Services, your bank and employer where you have provided us with consent to do so.
  3. I agree to give, where applicable, honest, accurate and current information about myself to Bayport and to maintain and update such information when necessary.
  4. My personal information may be used for the following reasons:
    1. To comply with statutory and regulatory requirements in respect of the storage and maintenance of documents and information.
    2. To comply with information requests by regulators or bodies lawfully requesting the information
    3. For processing customer complaints
    4. For internal purposes such as training and monitoring
    5. To detect, prevent and report on law enforcement and anti-money laundering and counter-terrorist financing initiatives
    6. Minimal information for historical, statistical and research purposes
    7. To enforce and collect on any agreement with Bayport when you are in default or breach of the agreement terms and conditions, like tracing you or to institute legal proceedings against you.
    8. For profiling purposes, including conducting a detailed analysis such as affordability and credit assessments to determine if you qualify for Bayport products
    9. Information may be used to help Bayport develop, test and train new or improved products.
    10. To process payment instructions, such as debit orders and to receipt these against your loan profile.
    11. Preparing and sending of monthly statements or other notifications to you.
  5. The information you supply to us, will assist us to make responsible decisions regarding your loan application. Where you withhold information, our ability to process your application lawfully, fairly and correctly may be influenced.
  6. Bayport needs to comply with several laws that authorise and/or require that we keep your information for a prescribed period of time. Some of these include, but is not limited to The Financial Intelligence Centre Act, National Credit Act, Consumer Protection Act, The electronic Communication and Transaction Act and the Financial Advisory and Intermediary Services act.
  7. Bayport, where necessary, may store your information in countries outside of South Africa. We will ensure that these countries subscribe to similar data protection laws or, where they do not subscribe to similar data protection laws, Bayport will enter into an agreement with these storage providers to ensure that they are liable to protect your information in accordance of the relevant laws.
  8. Bayport may share your information with the following bodies. These bodies are obligated under the Protection of Personal Information Act to keep your information secure and confidential. Except as provided for below, Bayport will not disclose any of your information without your express consent, unless the disclosure if lawful or is required by law.
    1. Regulatory authorities, Ombudsman, governmental department, local and international tax authorities and other persons that we under the law have to share your information with.
    2. Credit bureaux.
    3. Third party service providers who are not employees of Bayport may require access to your personal information in order to render services.
    4. Payment processing service providers and other parties that assists with the processing of your payments as stipulated in your Loan agreement.
    5. Where any bearing of suspected or proven fraudulent activities exist, your information may be shared with any of Bayport’s Affiliates and/or to the SAFPS and/or SAPS.
    6. Insurers that assist with providing insurance and assurance
    7. Attorneys, tracing agents, debt collectors and other persons that assist with the enforcement of agreements.
  9. Some decisions about your loan application may be made without human intervention and your information may be processed using automated means. You may query the decision made about you with us.
  10. You have the right to access the information that we have about you by contacting our customer care line on the number provided on the Bayport website at; .
  11. You have the right to request Bayport to correct or delete information that we have about you that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or no longer authorised to keep. Information that we are required to collect and keep in terms of any applicable law will not be deleted until our legal obligations are met.
  12. You may object on reasonable grounds to the processing of your information. Where you provided consent to the processing of your information or where legislation requires us to do so, your objection may not be honoured.
  13. You have the right to withdraw your consent which allows us to process your information. Where law require or enable us to do so, we may continue to do so.
  14. Should you believe that Bayport has utilised your personal information contrary to applicable law, we request you to first attempt to resolve any concerns with Bayport. If you are not satisfied with our processes, you have the right to lodge a complaint with the Information Regulator, once the Protection of Personal Information is in force.