legal


rain Group Holdings (Pty) Ltd (registration number 1947/024435/07) together with its subsidiaries

terms & conditions

Terms & Conditions

These Terms & Conditions govern the Services and Devices that rain (Pty) Ltd (“rain”, “we”, “us”, “our”) provides to you, our customer, and your use of any rain channel. They consolidate rain’s general terms, product-specific terms and website terms, and must be read together with our Acceptable Use Policy, Privacy Policy and Cookie Policy, and the Competitions & Promos section.

By registering for, buying or using any rain Service, you confirm that you have read, understood and agree to be bound by these terms. If you do not agree, please do not sign up for or use our Services.

Where a product-specific term (sections 14.x) conflicts with the general terms, the product-specific term prevails for that product. The Acceptable Use Policy prevails on prohibited use, network security, network management and fair-use enforcement. Nothing in these terms limits any right you have under the Consumer Protection Act 68 of 2008 (CPA) or the Electronic Communications, Transactions Act 25 of 2002 (ECTA), or any other applicable law.

1. About these terms

1.1 These terms apply to all rain Services and to your use of any rain channel (our website, app, stores, sales agents and Customer Engagement Centre). Capitalised words have the meanings given in the Definitions section.

1.2The terms governing use of the rain website, our Acceptable Use Policy, Privacy Policy and Cookie Policy, and the Competitions & Promos section all form part of these terms.

1.3 We may amend these terms from time to time. The current version is always published at rain.co.za/legal and applies from the date it is posted. By continuing to use our Services after a change, you accept the updated terms.

2. Definitions

“Activation Date” means the date on which a SIM-Card (or the LoopPhone) is activated on the Network and the Service begins.

“Always Upfront” means a Subscription Fee paid in advance that lets you use the Services during the applicable billing cycle.

“Cancellation Request” means a request by the Customer to terminate the Service, submitted through such cancellation channels as rain may prescribe from time to time. A Cancellation Request is not itself the termination of the Service/s.

“Device” means a rain-supplied router or Customer Premises Equipment (including the101, the101 Pro, an Xtender, or the loop) and related accessories or cables. The LoopPhone is governed by the LoopPhone terms (14.4).

“Device Value” means up to R4,100 for the101, up to R5,200 for the101 Pro, and up to R1,700 per Xtender.

“Effective Cancellation Date”means the date on which rain processes a valid Cancellation Request and the Service is terminated on rain’s systems.

“Free-to-Use” means a Device (or LoopPhone) provided for use during an active Subscription while ownership remains with rain.

“Hotspotting” means using your phone as a personal hotspot or a mobile hotspot.

“loop”means the 5G-enabled Customer Premises Equipment model “loop”, locked to rain’s network, governed by the loop terms (14.6).

“Network” means the telecommunications (4G/5G) network rain operates and makes available.

“rainOne Unlimited”means rain’s bundle of the 5G home Wi-Fi service with an Unlimited Mobile (LoopPhone) subscription, available as rainOne Unlimited and rainOne Unlimited Pro.

“Replacement Value / Repair Cost” means the applicable Device Value(s) or reasonable repair cost for a rain-owned Device (R7,999 for the LoopPhone), excluding fair wear and tear.

“RICA” means the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002.

“Service(s)”means any rain service to which these terms are applied – including Unlimited 5G Home Wi-Fi, Unlimited Mobile, rainOne Unlimited, the loop, and the legacy 4G Data, 4G/5G Home/Work, rainone, rainone work and rain Mobile services – subject to the applicable product-specific terms.

“Subscription Fee” means the fee payable for a Service, as recorded in the purchase journey.

“Suspend/Suspension”means an act by rain whereby a Customer’s access to Service/s may be temporarily removed or restricted due to non-payment.

“the101 / the101 Pro”means rain’s 5G routers – the101 on the 30 Mbps tier, and the101 Pro on the 60 Mbps and Premium tiers.

“Unlimited 5G Home Wi-Fi”means rain’s standalone 5G fixed-wireless range (Unlimited 5G Home Wi-Fi, Pro and Premium).

“Unlimited Mobile”means rain’s mobile service on the Unlimited City, Unlimited Province and Unlimited Country plans, delivered on the LoopPhone.

“Xtender” means a rain-supplied Wi-Fi extender used to extend in-home Wi-Fi coverage.

3. Your rain account

3.1 You are responsible for keeping your login details confidential and for all activity that takes place using them. Tell us immediately if you suspect your account has been compromised; we may then deactivate your details and account, and are not liable for losses from unauthorised use. We may change username or password requirements from time to time.

3.2It is a material breach of these terms, which may lead to suspension or termination without liability, to: sign in as or impersonate another person; attempt to re-sell the Service or any component to the public; circumvent limits on the number of SIMs issued to one person; infringe anyone’s intellectual property or privacy; break any law, regulation or ICASA licence condition; use a Service to cause harm; or use a Service for a purpose it is not intended for.

3.3 By using rain Services you consent to rain collecting non-personal Device Identification Data from your devices for network management and service optimisation. If you withdraw this consent, we may be unable to provide the Services.

4. Eligibility and accurate information

4.1 You must be 18 or older to enter into these terms. If you are under 18, a parent or legal guardian must agree on your behalf.

4.2 You must give complete, accurate personal and financial information and keep it up to date. We may cancel a transaction if you do not, and accept no liability for losses arising from incorrect information you provide.

4.3 We may obtain information reference enquiries to verify what you provide, and may share account and payment information with credit bureaus.

5. Ordering and delivery

5.1 You can order through the rain website, a rain sales agent or a rain store, and must provide accurate contact, billing and delivery details. SIM-Cards are delivered to the address you provide, together with any Device ordered if it is in stock. If a Device is out of stock, we will notify you when stock is available. Standard delivery in major metropolitan areas is free unless otherwise specified; other delivery fees are shown during the order journey.

5.2 Cancellation rights, processes, return requirements and any charges are governed by applicable law and the relevant product-specific terms. You may submit a Cancellation Request by calling the Customer Engagement Centre, through a designated rain channel, or through any other cancellation channel rain makes available.

6. RICA registration

6.1 RICA registration is mandatory for every SIM-Card (including embedded SIMs and replacements). You must provide a valid South African ID, Refugee Identity document or passport, and proof of address no older than 3 months. Juristic persons must provide registration documents and proof of registered address. We use this information only for RICA.

6.2If you do not have a valid South African ID and subscribed via a rain channel, face-to-face RICA is done on delivery – you must present your documents in person to the courier. If you are unavailable or your details cannot be verified, we may refuse to deliver Devices and will not activate the Service.

6.3RICA for rainone work: every rainone work customer must nominate an authorised RICA representative for their business. That representative warrants they are authorised to complete RICA for the business under section 40(2)(c) of RICA, and grants rain permission to process the business’s and their personal information for RICA purposes.

6.4You may not transfer, hand over or assign a SIM-Card to a third party unless applicable law and the product-specific terms permit it. Where a transfer is permitted (for example to a family member under the legacy products), you must provide the recipient’s RICA documents to rica@rain.co.za and ensure the recipient is RICA-registered before using the SIM-Card. Failure to comply with RICA is a criminal offence and may result in immediate suspension or termination.

7. SIM cards

7.1 SIM-Cards for a fixed Service (such as Unlimited 5G Home Wi-Fi, the home Wi-Fi component of rainOne Unlimited, or the loop) are configured for that Service and may only be used in the Device supplied for it. Services commence on the Activation Date.

7.2 You may not sell, transfer or make a SIM-Card available to a third party except where expressly permitted by law and the product-specific terms. If a SIM-Card or Device is lost, destroyed or stolen, notify rain (and, where relevant, the police) without delay; you remain responsible for usage until you notify us and the SIM-Card is deactivated.

7.3 Mobile Number Inactivity

7.3.1 This clause applies to each mobile number separately. Activity on one mobile number does not keep another mobile number active.

7.3.2 For this clause, activity means using or receiving from an MSISDN number calls, SMS, mobile data, internet or a value-added service, as applicable. Buying a bundle, recharge or value-added service without using it is not activity.

7.3.3 If there has been no activity on a mobile number for 60 consecutive days, rain may notify you that it intends to deactivate the number. You will then have 30 days to use the number or apply for an exemption. rain will send at least two reminders, including one before deactivation.

7.3.4 You may apply for an exemption through a rain Channel. The exemption lasts for 183 days from the date you apply. rain will stop the deactivation process if there is activity on the number or you apply for an exemption.

7.3.5 rain may deactivate a mobile number after 90 consecutive days without activity, where no exemption applies. The number will then be held for one month before it can be reallocated.

8. Devices

8.1A Device supplied on a Free-to-Use or pay-to-use basis remains rain’s property at all times. rain Devices are customised and locked to the rain network and will not work on other operators’ networks. Ownership and return of the LoopPhone are governed by the LoopPhone terms (14.4).

8.2We aim to supply quality, defect-free Devices. A defect is a material manufacturing imperfection – it does not include normal wear and tear, or damage from negligence, misuse or electrical surges (including load-shedding). Report a defect within 7 days; once confirmed, we will repair or replace the Device at our discretion (with a similar model if the same one is unavailable).

8.3 If your Service is cancelled, you must return any rain-owned Device. If you do not, we may recover it wherever found, and you remain liable for accrued Subscription Fees, any unpaid amounts, any Collection Fee, and the Replacement Value and/or Repair Cost until the Device is returned or paid for. Where a Device is not returned within the applicable return period, we may charge the Replacement Value and/or Repair Cost to your account on the Payment Date, unless we agree in writing to monthly instalments.

8.4 Your obligation to return a Device and to pay outstanding amounts survives cancellation and is not a condition for submitting or processing a Cancellation Request. Where we reasonably suspect a Device has been unlawfully retained or disposed of, we may report the matter to the authorities.

9. Fees and payment

9.1We provide PCI-compliant, encrypted payment facilities. Available payment methods are those offered in the purchase journey or rain channel from time to time; where you use a third-party payment service, that provider’s terms may apply. All fees are inclusive of VAT at the prevailing rate.

9.2 By placing an order you authorise rain to use your saved card details to collect payment. You warrant that you are authorised to use the card and that sufficient funds are available. We may withhold delivery until any required verification is complete.

9.3Payment is collected on your selected Payment Date (default: the 1st of each month). If that date falls on a Sunday or public holiday, payment is collected on the preceding business day. Payment-date changes take effect from the next bill cycle. The reference on your statement will be “rain”. You have 14 days after a payment is processed to dispute a transaction.

9.4 Postpaid Subscription Fees are due by the last business day of your billing cycle; Always Upfront fees by the first business day. Subscription Fees, value-added service charges and other fees are payable as reflected in the applicable tariff, purchase journey and product-specific terms. Customers on unlimited packages receive unlimited data at the applicable flat rate, subject to the product terms and the Acceptable Use Policy.

9.5 We may suspend, limit, modify or cancel a Service for non-payment, collect outstanding amounts under your payment mandate, and change any Subscription Fee, service fee or tariff on reasonable written notice. If you dispute an invoice in good faith you must still pay the undisputed portion by the due date. Any credit due is refunded once the dispute is resolved.

9.6 If we fail to process a valid Cancellation Request within a reasonable time, we may credit you for Subscription Fees charged during any unreasonable operational delay.

10. Promise to Pay (arrears payment plan)

10.1 If you have outstanding Subscription Fees, rain may offer you the option to settle your arrears over time through a Promise to Pay plan, communicated through a rain channel. The plan is a formal agreement, concluded electronically, that sets out your total outstanding amount, the instalment amount, the payment frequency (weekly or monthly) and the payment period. The minimum instalment is R50.

10.2 The first instalment is collected on the date you agree to the plan; thereafter the instalment is collected on your selected payment date until your debt is settled in full. There are no additional charges, interest, discounts or penalties. If you default on an instalment, rain may suspend or cancel your Service.

11. Providing the services

11.1 Subject to these terms, rain will activate and maintain availability of the Services until the Effective Cancellation Date, a Service is suspended, or a Service is cancelled for non-payment or another lawful reason. Service quality and coverage are limited to what the Network provides under the Electronic Communications Act, 2005 and ICASA requirements.

11.2The Network relies on the national grid and may be interrupted during load-shedding or power outages. rain’s Network provides a best-effort service and does not guarantee minimum speed thresholds unless required by law. rain is not liable for interruptions caused by atmospheric conditions, interference or a power provider.

12. Coverage

Fixed 5G services are provided within the applicable coverage area. The coverage check is on the rain website. rain does not guarantee coverage even where you appear to fall within a coverage area, and actual performance depends on congestion, line-of-sight, environment and the number of active users.

13. Staying in touch

13.1 We may contact you by phone, SMS, email, WhatsApp or push notification about your account, in line with our Privacy Policy. You can opt in or out of push and WhatsApp notifications at any time via a rain channel.

13.2 For support or complaints, contact the Customer Engagement Centre on 081 610 1000. If you use WhatsApp to deal with rain, you are responsible for activity on your number and device.

14. Our products

rain may from time to time introduce, replace, update, vary, bundle or discontinue products and services. The Unlimited 5G Home Wi-Fi, Unlimited Mobile and rainOne Unlimited products are currently addressed in sections 14.1 to 14.5. Existing products, including loop, loopcare and rain’s legacy 4G/5G services, remain governed by the applicable provisions below until withdrawn, retired or no longer supported by rain. Where a product is replaced, updated, rebranded or succeeded by a substantially similar product, references in these Terms and Conditions to that product will include its replacement, successor, updated or rebranded version, unless rain expressly states otherwise or the context requires otherwise.

14.1 Unlimited 5G Home Wi-Fi

14.1.1 Unlimited 5G Home Wi-Fi is a month-to-month, fixed-wireless 5G service with unlimited in-home Wi-Fi data, subject to the Acceptable Use Policy and the applicable tariff. It does not include a mobile SIM or Unlimited Mobile subscription.

14.1.2 Unlimited 5G Home Wi-Fi includes the101 on a Free-to-Use basis and provides speeds of up to 30 Mbps (best-effort). Customers on this package may not purchase speed ups or Xtenders.

14.1.3 Unlimited 5G Home Wi-Fi Pro includes the101 Pro on a Free-to-Use basis and provides speeds of up to 60 Mbps (best-effort).

14.1.4 Unlimited 5G Home Wi-Fi Premium includes the101 Pro and two Xtenders on a Free-to-Use basis and provides unlimited 5G speed (best-effort). Additional Xtenders are R100 per Xtender per month.

14.1.5 A customer may hold a maximum of 2 (two) services across the Unlimited 5G Home Wi-Fi and rainOne Unlimited ranges, in any combination, and where applicable a maximum of 4 (four) Xtenders.

14.2 rainOne Unlimited

14.2.1 rainOne Unlimited combines the 5G home Wi-Fi service with an Unlimited Mobile (LoopPhone) subscription, which includes Unlimited City by default. You may select Unlimited Province or Unlimited Country at sign-up or upgrade later (see 14.4). The LoopPhone Purchase option is not available on a rainOne Unlimited bundle.

14.2.2 rainOne Unlimited includes the101 on a Free-to-Use basis, with the home Wi-Fi component at up to 30 Mbps (best-effort); speed ups and Xtenders may not be purchased on this product.

14.2.3 rainOne Unlimited Pro includes the101 Pro on a Free-to-Use basis, with the home Wi-Fi component at up to 60 Mbps (best-effort).

14.2.4 A customer may hold a maximum of 2 (two) services across the Unlimited 5G Home Wi-Fi and rainOne Unlimited ranges, in any combination, and where applicable a maximum of 4 (four) Xtenders.

14.3 Unlimited Mobile (LoopPhone)

14.3.1The LoopPhone is a rain-supplied, eSIM-only 5G smartphone that remains locked to rain’s network at all times. Unlimited Mobile is offered on three geography-based plans: Unlimited City (unlimited voice, SMS and in-zone data within one chosen city), Unlimited Province (within one chosen province) and Unlimited Country (nationwide). Unlimited City and Unlimited Province include 2 GB of out-of-zone data per billing cycle; Unlimited Country has no out-of-zone limit.

14.3.2 In-zone data is unlimited (best-effort up to 20 Mbps on 5G) and subscription data expires at the end of your billing cycle. Voice and SMS are unlimited on all plans. All usage is subject to the Acceptable Use Policy, and speeds may be throttled to manage congestion.

14.3.3Zones are determined by the LoopPhone’s continuous location tracking, rain processes this information to provide and administer the geography-based service and data rules, as described in the Privacy Policy. Connectivity may vary near a zone boundary. You may change zone through a rain channel at an additional monthly charge. rain may update zone boundaries on reasonable notice.

14.3.4When out-of-zone, Smartswitch moves usage to your included out-of-zone allocation. Once exhausted, you may buy Top-up Gigs (which don’t expire). Hotspotting is blocked by default; you may buy Hotspot Gigs (which don’t expire) for hotspotting only. Unlimited City and Province customers may buy “Extend your zone” to unlock unlimited nationwide data for 7 consecutive days.

14.3.5 Free-to-Use option: you pay a monthly subscription and rain retains ownership of the LoopPhone at all times. You may cancel and return the LoopPhone within 7 business days of sign-up for a full refund (undamaged, in original packaging with accessories). On cancellation you must return the LoopPhone within 7 calendar days in good working order (fair wear and tear excepted). If not returned, the full Replacement Value published on the website will be charged, which may be paid in a lump sum or, by written agreement, in equal instalments over 2, 3 or 4 months (a replacement is released only after the first instalment).

14.3.6 Purchase option (standalone Unlimited Mobile only): you pay the price published on the website for the LoopPhone and ownership transfers on full payment, though the device stays permanently locked to the rain network. You receive a R150 monthly discount on the Unlimited Mobile subscription for as long as you remain subscribed. No return is required on cancellation, but all outstanding amounts remain due. The Purchase option is not eligible for LoopPhoneCare.

14.3.7 No charger is included with the LoopPhone.

14.3.8 The LoopPhone is eSIM-only and network-locked; tampering with or attempting to unlock or use it on another network is a breach and may result in immediate termination. RICA must be completed before activation.

14.3.9 Non-payment: if you do not pay an undisputed amount by the due date, rain may (after reasonable written notice) Suspend your Service and restrict the LoopPhone to emergency calls only; full access is restored once outstanding amounts are paid. You retain access to emergency calls, rain support and payment channels during a lockout.

14.3.10 Data wiping: the LoopPhone may hold sensitive personal data. Before returning it (on cancellation, for repair or otherwise) you must remove all accounts and credentials, perform a full factory reset, and complete the data-wipe confirmation. rain may refuse to accept a returned device if you decline to complete this, and is not liable for data left on a device you failed to wipe.

14.3.11Cancellation and suspension: a Cancellation Request is not itself termination – the subscription ends on the Effective Cancellation Date, and fees accrue until then. rain will arrange one free collection; a collection fee may apply to further attempts that fail for reasons attributable to you. rain may suspend the service (on reasonable written notice) for non-payment, material breach, suspected fraud, or to comply with a court or regulatory order.

14.3.12 A customer may hold a maximum of 5 (five) services across the Unlimited Mobile and rainOne Unlimited ranges.

14.4 LoopPhoneCare (repair service)

14.4.1LoopPhoneCare is an optional repair-only service, available only to customers on a Free-to-Use LoopPhone (Purchase-option customers are not eligible). It is a contractual repair arrangement, not insurance – it provides no replacement device, cash benefit or insurance benefit, and operates in addition to the LoopPhone terms and any statutory or manufacturer warranty.

14.4.2 It covers accidental physical damage from a single identifiable event (such as cracked screens or casing, or impact damage to parts, buttons, audio or display), up to two covered repairs per 12-month period. Exclusions include loss or theft; catastrophic damage beyond the Replacement Value; manufacturing/firmware faults (covered by warranty); damage from misuse, neglect, unauthorised repairs or non-approved accessories; and detachable accessories such as chargers.

14.4.3Present the LoopPhone at an authorised service centre with a completed repair form (and meet the data-backup and handover requirements); rain aims to repair within 5 business days subject to parts. Back up your data first – rain is not liable for data lost during repair, inspection or reset.

14.4.4The monthly fee is billed in advance with your LoopPhone subscription and is non-refundable (the benefit is availability of the service, not its use). If you stop paying, cover is suspended and a 3-month waiting period applies before a new repair may be claimed. You may cancel any time; cover ends at the end of the current billing cycle, or earlier if your LoopPhone subscription ends. rain’s aggregate liability under LoopPhoneCare is capped at the LoopPhone published retail price.

14.5 loop

14.5.1The loop is a 5G-enabled Customer Premises Equipment device that combines broadband and multimedia in one unit and remains locked to rain’s network. is offered on a Free-to Use option (monthly subscription including loop rental, data and unlizones). The loop remains rain’s property while you have an active loop subscription, unless you bought the loop under the previous Purchase option. In that case, ownership transfers to you but remains locked to rain’s network.

14.5.2 Subscription tiers each include a data allocation (subject to the Fair Usage Policy) and the right to select up to three zones. An unlizone is any zone chosen on the unlizone plan (changeable multiple times in the first 7 days, then once per calendar month); an openzone is a rain-designated area available to all customers at no extra cost. Adding an unlizone is effective on payment; removing one takes effect on the next billing date.

14.5.3 Smartswitch: if the loop moves outside a selected zone, the service automatically changes to the out-of-zone data allocation that applies to your Loop plan and reverts to unlimited when back in-zone. Usage is subject to the Fair Usage Policy and speeds may be throttled (for example 10 Mbps after 50 GB, 4 Mbps after 75 GB, 2 Mbps after 100 GB). Outside rain 4G/5G coverage the service may transition to third-party roaming. Speeds are best-effort with no minimum guarantee.

14.5.4loop cancellation and returns: you may cancel within 7 business days of sign-up and return an undamaged loop in its original packaging without penalty. On cancellation under the Free to use option you must return the loop in good working order within 7 days; a replacement fee at the loop’s published retail value will be charged if unreturned. Report defects within 7 business days. rain may suspend the service on 2 days’ written notice for non-payment, material breach, suspected fraud or to comply with an order. rain’s aggregate liability for the loop is limited to the Service Fees paid in the preceding 6 months, excluding indirect or consequential loss.

14.6 loopcare

14.6.1 loopcare is an optional repair-only monthly service for the loop, available only to customers who rent the loop (outright purchasers are not eligible) and only at the time of buying a loop rental plan. It is not insurance and provides no replacement or compensation. It covers accidental physical damage from a single event (cracked screens or casing, impact-damaged parts or buttons, audio/display damage), up to two covered repairs per 12-month cycle.

14.6.2Exclusions include loss or theft; catastrophic damage beyond replacement value; manufacturing/firmware faults (covered by the separate 6-month CPA and 12-month rain warranties); damage from misuse, neglect or unauthorised repairs; and non-attached accessories. rain aims to repair within 5 business days subject to parts; back up your data first (rain is not liable for data loss). The monthly fee is billed in advance and is non-refundable; if unpaid, cover is suspended and a 3-month waiting period applies on reinstatement. You may cancel any time (cover lapses at the end of the billing cycle). rain’s aggregate liability under loopcare is limited to R8,000 (eight thousand rand).

14.7 SIM-only 4G Data services (legacy)

14.7.1 Unlimited 4G Data is an uncapped, unshaped, SIM-only, month-to-month service. As a SIM-only product, rain does not support your phone or other device, and you are responsible for purchasing, insuring, maintaining and replacing your own device. rain is not liable for any lost content, or any loss or damage, in connection with SIM-only products.

14.7.2 This product is no longer sold by rain.

14.7.3Tethering: for “phone only” products, using your phone as a modem or tethering it to a computer or other hardware is not permitted.

14.8 4G Home and 5G Home/Work services (legacy)

14.8.1 Unlimited 4G Home / 5G Home/Work is an uncapped, unshaped, month-to-month service; the Device is included for as long as you use the service and is customised and locked to the rain network.

14.8.2Ownership of the Device remains with rain – you are advised to insure it, and must return it in the same condition (fair wear and tear excepted) within 7 days of the Effective Cancellation Date or suspension, failing which you are liable for the Repair Cost or Replacement Value.

14.8.3 This product is no longer sold by rain.

14.9 rainone (legacy)

14.9.1 rainone combines a 4G/5G Home/Work service with 4G Mobile Services. The mobile component cannot be bought independently of the home service or sold to third parties. The product can only be cancelled in its entirety, device upgrades are not available, and a customer may hold only one of each rainone product at a time.

14.9.2 This product is no longer sold by rain.

14.9.3 4G Mobile Services: a VoLTE-compatible phone is required (or install the rain talk app at your own risk). Monthly subscription data, minutes and SMSs expire at the end of the billing cycle, though buy-mores do not expire unless stated. Outbound international calling is offered to supported destinations only (rates may change); domestic premium-rated calling, international roaming and most international/domestic application SMSs are not offered; USSD is not available. You may request a transfer of data or minutes via the Customer Engagement Centre.

14.10 rainone work (legacy)

14.10.1 rainone work combines a 5G Work service with 4G Mobile Services for businesses. A customer may hold up to two rainone work products at a time. Migrations from rainone to rainone work are not available, and the product can only be cancelled in its entirety.

14.10.2 This product is no longer sold by rain.

14.11 rain Mobile and multipacks (legacy)

rain Mobile follows the same 4G Mobile Services rules as above (VoLTE phone or rain talk app; expiry, international, roaming and USSD limits). You may buy a single 4G mobile SIM or several as a “multipack”, with a monthly-subscription discount based on the number of active SIMs (excluding the mobile SIMs in rainone home and rainone work). Multipacks are bought on a pro-rata Always Upfront basis. You may cancel, level up or level down each SIM independently – a level up applies immediately, a level down from the next billing cycle. A single customer may not exceed 10 4G rain mobile SIMs.

14.12 Number portability

Where number portability is available, you acknowledge that stored messages, credit and unused allowances on the donor network may be lost when a number is ported; you may only port away from rain after one calendar month; donor-network products and services may not be available after porting; and you may remain liable under any contract with the donor network. If you ported a number onto rainone, you will lose it if you cancel rainone without first porting it to a new provider.

14.13 The 101 skins

Where stated in the purchase journey, a package may include one skin in a colour or design you select, subject to availability (a similar alternative may be supplied). Additional skins are sold at displayed prices. Skins are decorative, not protective; applied and removed at your own risk; and cannot be returned or exchanged except where a statutory warranty applies (report defects within 7 days). Change-of-mind returns are not accepted. rain is not responsible for normal wear such as fading, lifting or scratching, and owns all skin designs and trademarks.

14.14 Nvidia GeForce NOW powered by rain

14.14.1rain resells the Nvidia GeForce NOW (“GFN”) cloud game-streaming subscription, charged month-to-month; by buying it you also accept Nvidia’s terms of use. GFN is available to customers aged 18 or older (non-rain customers must create a rain account), but only 5G customers or customers in 5G coverage qualify for discounted rates; 4G-only customers are not eligible.

14.14.2Two options are offered – Performance (up to 1440p/60fps, 6-hour sessions) and Ultimate (RTX 4080-class, up to 4K/240fps, 8-hour sessions) – and include a number of free games, with more available through linked stores. Payment may be Always Upfront or postpaid; if payment fails, rain may suspend or cancel the subscription. Offerings are subject to availability, and rain may discontinue GFN if required by law or for commercial reasons.

15. askrain AI chat

15.1“askrain” is an automated AI chat on rain channels that uses OpenAI’s ChatGPT technology to help answer queries about your rain account and Services. By using askrain you agree to these terms and our Privacy Policy; it may only be used on rain-owned platforms and for permitted purposes.

15.2 rain may use and process the information you submit, and you consent to receiving communications via askrain. It is a best-effort service with no guarantee of availability or error-free use, and you may be referred to the Customer Engagement Centre for urgent matters. You must not damage, disable or overload askrain or distribute harmful code, and rain may remove unlawful, offensive or infringing content. rain is not liable for any direct or indirect damages arising from your use of askrain.

16. Acceptable use

Your use of the Services and Network is subject to rain’s Acceptable Use Policy, published as a separate section on the rain legal hub. The Acceptable Use Policy sets out prohibited uses, network security, network management, fair-use enforcement and the VPN policy, and prevails over these general terms in respect of those matters.

17. Website and online services

17.1You may use the rain website and online services only for lawful, personal, non-commercial purposes. You must not use them unlawfully or fraudulently; to harm minors; to send spam or unsolicited communications; to transmit viruses or harmful code; to infringe intellectual property or confidence; or to access, interfere with, damage or disrupt the site, its infrastructure or any third party’s systems. You are responsible for ensuring anyone who accesses the site through your connection complies with these terms.

17.2 All intellectual property on the site is owned or licensed by rain. You may print or download extracts for personal use but must not modify them, use them commercially, or remove acknowledgement of rain, without our prior written consent. The site may link to third-party sites, which we do not control and are not responsible for; you use them at your own risk.

17.3By using the site or emailing us you agree we may communicate with you electronically, and that electronic communications meet any legal requirement to be in writing. rain will never ask you to provide personal information or verify your account by clicking a link in an email – do not respond to such phishing or spoofing emails. rain (Reg. 1996/013739/07) is a member of ISPA (queries@ispa.org.za, 010 500 1200); the site is hosted in and governed by the laws of South Africa.

18. Disclaimers, liability and indemnity

18.1The site, online services, products and content are provided “as is” and “as available”. To the maximum extent permitted by law, rain excludes all implied warranties (including merchantability, fitness for purpose and non-infringement) and is not responsible for the completeness, accuracy or availability of content, or for the service being uninterrupted, secure or error-free. You are responsible for your own equipment, software and virus protection.

18.2Nothing in these terms excludes or limits rain’s liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot be excluded under South African law.

18.3Clauses 18.4 and 18.5 limit rain’s liability and may require you to indemnify rain in certain circumstances. Please read these clauses carefully.

18.4.To the extent permitted by law, rain is not liable for any direct or indirect loss or damage (including loss of profits, business, data, goodwill or savings) arising from your use of, or inability to use, our Services or site; from third-party equipment, networks or providers; from interruptions, errors, security incidents or hacking; from data loss or corruption (including on a returned or repaired device); or from inaccurate details you provide or fail to update. rain is not liable for failure to perform due to causes beyond its reasonable control. Product-specific liability caps (for example the loop and loopcare caps in 14.6–14.7 and the LoopPhoneCare cap in 14.5) apply to those products.

18.5You indemnify and hold rain, its affiliates, suppliers and agents harmless against all claims, losses and expenses (including legal costs) arising from your breach of these terms or your use of the Services, except to the extent caused by rain’s gross negligence or wilful misconduct. This indemnity survives termination.

19. Suspension and termination

We may suspend or terminate your access to a Service or the site, and take other appropriate action, where we determine that you have breached these terms or any rain policy, or for non-payment, suspected fraud, insolvency, or to comply with a court or regulatory order. On termination, all outstanding amounts become immediately due, you must return any rain-owned or rented Device or LoopPhone (Free-to-Use), and clauses that by their nature survive termination continue to apply.

20. Promotions and competitions

rain runs offers, promotions and competitions from time to time. Each is governed by its own specific terms, set out in the Competitions & Promos section of the rain legal hub, which form part of these terms. Where a promotion’s terms conflict with these general terms, the promotion’s terms apply to that promotion. We may modify, cancel or limit any promotion, subject to that promotion’s published terms and applicable law and give no warranties on offers or promotions. If you opt in, you accept that we must collect and use personal information to administer it, in line with our Privacy Policy.

21. General

These terms are governed by the laws of the Republic of South Africa, and you submit to the jurisdiction of the South African courts. If any provision is unlawful, invalid or unenforceable, it is severed and the remaining provisions continue in full force. If rain does not enforce a right, that is not a waiver unless we waive it expressly in writing. These terms may be reproduced and stored electronically by customers.

22. How to contact us

Customer Engagement Centre: 081 610 1000
Support: askrain
Legal: legal@rain.co.za
Registered office: 1st Floor, Cape Quarter Square, 27 Somerset Road, Cape Town, 8001

rain Group Holdings (Pty) Ltd (registration number 1947/024435/07) together with its subsidiaries

privacy policy

Privacy Policy

This Privacy Policy explains how rain collects, uses, shares, stores and protects your personal information, and the rights you have, in line with the Protection of Personal Information Act 4 of 2013 (POPIA) and other applicable data protection laws.

It is issued on behalf of rain Group Holdings (Pty) Ltd and its subsidiaries (“rain”, “we”, “us”, “our” – see the Appendix). rain is the responsible party (data controller) that decides how your personal information is processed. By using any rain channel, you acknowledge this Privacy Policy. rain processes your personal information as described in this Privacy Policy and in accordance with applicable Data Protection Laws.

1. Who we are and how to reach us

rain is made up of several South African legal entities. Our Information Officer can be contacted for any privacy question or request.

Responsible party: rain Group Holdings (Pty) Ltd (Reg. 1947/024435/07) and its subsidiaries
Physical address: 1st Floor, Cape Quarter Square, 27 Somerset Road, Cape Town, Western Cape, 8001
Postal address: PO Box 651921, Benmore, 2010
Information Officer: legal@rain.co.za (marked for the attention of the Information Officer / Deputy Information Officer)

2. Key terms

“Personal information” means information that relates to and identifies you, such as your name, contact details, ID number, residential address and payment history. Aggregated or statistical information that does not identify you is not personal information.

“Processing” means any activity involving your personal information, including collecting, storing, using, sharing, updating and deleting it.

“Data subject”means the person to whom personal information relates – in this policy, you.

“Channel” means any platform through which you interact with rain, including our website, app, stores and marketing channels.

“POPIA” means the Protection of Personal Information Act 4 of 2013.

Where applicable, equivalent concepts under the EU GDPR, UK GDPR and other data protection laws (for example “controller”, “processor” and “personal data”) are read as corresponding to the POPIA terms used here. “Data Protection Laws” means POPIA, ECTA, PAIA and any equivalent legislation that binds rain from time to time.

3. Scope and purpose of this policy

3.1This policy tells you what data we collect across our channels, services and social platforms, how we use it, when we may share it, and how we keep it secure. It applies to your access to and use of rain’s services.

3.2 We aim to be transparent about how we use your data and to comply with applicable Data Protection Laws. We do not circumvent privacy settings on third-party platforms; our processes focus on information you give us access to or send us directly, such as ID and proof-of-address documents for RICA and SIM activation.

4. Information we collect

4.1 We may collect personal information when you register, subscribe to a service, make a payment, report a problem, use support, respond to surveys or promotions, or communicate with us through any channel. Most of the information we ask for is needed to provide the services, and we may not be able to provide them without it.

4.2 This may include: information you provide on registration or when reporting a problem; details of your visits to and use of our channels (traffic, location, weblogs, viewing statistics); your online activity, contributions, payment history and correspondence; survey responses and reviews; and any information needed to perform a contract, comply with the law, or pursue a legitimate interest.

4.3We also collect technical and device information – such as IP address, operating system, browser type, and the date, time and duration of your access – for system administration, aggregate reporting and to personalise your experience.

4.4 We use cookies, caching and analytics technologies as described in our Cookie Policy. Essential cookies are used where necessary for the functioning of our Channels. Where consent is required for non-essential cookies, we use them in accordance with the preferences you select through the cookie banner. These store small data files on your device to remember repeat visits and your preferred settings (such as language and country), enable analytics on use of our website and apps, and process hashed or de-identified purchase information (such as products or services purchased through our channels) for analytics, reporting and service-improvement purposes. You can manage or disable cookies through your browser settings, although this may affect certain features.

4.5We do not knowingly collect special categories of personal information (such as race, health, religious or political beliefs, sexual orientation, trade-union membership, or biometric or genetic data) except as aggregated data, nor information about criminal offences, nor information about children under 13. If we learn we have inadvertently collected children’s information, we will delete it promptly and put measures in place to prevent recurrence.

5. How and why we use your information

5.1We only process your personal information where we have a lawful basis to do so – generally because it is necessary for our legitimate interests in providing technology and mobile data services, to perform a contract with you, to comply with a legal obligation, or with your consent.

5.2 We use your information to: provide requested information and services; authenticate you and give access to restricted pages; develop products and services; compile non-personal statistics on browsing habits; present content effectively for your device; determine your general location; personalise our channels and marketing; respond to queries; perform our contractual obligations; let you use interactive features; and notify you of changes.

5.3Location data – LoopPhone. If you use a LoopPhone, rain collects and uses the LoopPhone’s location information to determine whether it is in-zone or out-of-zone and to apply the correct data service levels. This processing is necessary to provide and administer the geography-based Service. Location data collected for zone determination is not used for unrelated purposes or shared with third parties except where necessary to provide, operate or support the service, or where required by law.

5.4 We only collect personal information that is necessary for the purposes set out in this policy.

5.5 If you use askrain, we process the information you submit, related account or Service information needed to answer your query, and technical information about the interaction. We may use AI, IT and cloud service providers to operate askrain. We use this information to respond to queries, provide support, improve the Service, prevent misuse, and keep appropriate records of support interactions.

6. Sharing and disclosure

6.1We may share your data within the rain group (our subsidiaries, parent companies and affiliates), and with selected third parties – such as business partners, suppliers, payment processors, IT and cloud providers, and analytics providers – to perform a contract or improve our services. Where a third party processes your data, we put contractual and operational safeguards in place.

6.2 We may disclose your data where reasonably necessary to: comply with applicable law, regulation, legal process or a governmental request; conduct research and improve our services; enforce our terms (including this policy) and investigate potential violations; detect, prevent or address illegal activity, security or technical issues; protect the rights, property or safety of rain, our users or the public (including for fraud protection and credit-risk reduction); and in connection with any merger, sale or transfer of assets (provided the recipient respects this policy).

6.3 We do not disclose personal information about users to advertisers; we may share aggregate or anonymous information. In respect of data from social media platforms, we do not sell, licence or transfer your data to ad networks or data brokers, use it for eligibility decisions, place it in a search engine, request your passwords, or share your social media user IDs with service providers.

7. Cross-border processing and storage

7.1 Your information is stored and processed within South Africa and may be transferred to and stored at a destination outside South Africa, or processed by staff or service providers operating outside South Africa.

7.2 Where we transfer personal information outside South Africa, we do so only where POPIA permits it. This may include where the recipient is subject to a law, binding corporate rules or a binding agreement that provides appropriate protection, where the transfer is necessary for the performance of a contract with you or for pre-contractual steps taken at your request, or where you have consented to the transfer. We take reasonable steps to ensure your information is treated securely and in line with this policy and POPIA.

8. Direct marketing and your choices

You can choose whether to receive marketing material, and can give or withdraw consent on specific rain marketing channels. We comply with applicable law on direct marketing, including POPIA and the CPA. To change your preferences, use the askrain chat on any channel or email legal@rain.co.za. Your marketing preferences do not affect rain’s ability to send you service, billing, security, fraud-prevention, regulatory or account notices.

9. Your rights and obligations

9.1 You have the right to: ask to review the personal information you have provided and make changes; request the origin of your information and the identity of third parties who have had access to it; request that we correct or delete your information (subject to legal retention requirements); choose whether to receive marketing; and lodge a complaint with the Information Regulator under POPIA.

9.2 You are obliged to provide accurate information and to keep us informed of any changes. Please contact us as soon as you become aware that your information is inaccurate, incomplete or out of date.

9.3Our channels may link to third-party websites that have their own privacy policies. We are not responsible for those policies – please review them before submitting personal information.

10. Keeping your information secure

10.1 We use a range of physical, electronic and managerial security technologies and procedures to protect your personal information from unauthorised access, use, alteration or disclosure.

10.2 Transmission of information over the internet is never completely secure. While we do our best to protect your personal information, we cannot guarantee the security of information transmitted through our channels.

11. How long we keep your information

11.1 We review retention periods regularly and keep your personal information only for as long as necessary for the relevant purpose or as required by law. If you ask us to delete your data, we will assess the request and delete, de-identify or restrict the information where required by law, unless we are permitted or required to retain it for legal, regulatory, contractual, fraud-prevention, dispute-resolution or legitimate business purposes.

11.2 To set retention periods we consider the amount, nature and sensitivity of the data, the potential risk of harm, the purposes of processing and applicable legal requirements. Details are available on request using the contact details above.

12. Access to information (PAIA)

POPIA gives you the right to access information we hold about you, exercised in accordance with the Promotion of Access to Information Act, 2000 (PAIA). An access request may be subject to a reasonable fee to cover our costs.

13. ISPA take-down notices

13.1 rain is a member of ISPA and upholds the ISPA Code of Conduct. In terms of section 75 of ECTA, rain has designated ISPA as its agent to receive notifications of infringements under section 77.

13.2 On receiving a valid take-down notice via ISPA, rain will notify you, ask you to remove the allegedly infringing material or stop the allegedly unlawful activity, and take down the service if you do not comply. To issue a take-down notice, follow the process at ispa.org.za/tdn (complaints@ispa.org.za, PO Box 518, Noordwyk, 1687, tel 010 500 1200). rain establishes only whether a notice is procedurally correct, not whether the material is in fact unlawful.

14. Reporting a privacy or fraud concern

If you have a concern about a data privacy breach, suspected fraud, a request to be forgotten / erasure, or an information request, please sign in to a rain channel and let us know, or email legal@rain.co.za, so we can assist and keep your personal data safe.

15. Changes to this policy

Any changes we make to this policy will be posted on our website and, where appropriate, notified to you by email. Please check the website regularly for updates.

Appendix – rain group subsidiaries

  • rain Holdings (Pty) Ltd
  • rain (Pty) Ltd
  • rain GTM (Pty) Ltd
  • rain Shared Services (Pty) Ltd

rain Group Holdings (Pty) Ltd (registration number 1947/024435/07) together with its subsidiaries

cookie policy

Our Cookie Policy: Your Privacy, Our Priority

Welcome to rain! We’re committed to ensuring that your online experience with us is not only secure but also personalized to your needs. We use cookies and, where applicable, similar technologies on the rain website to make your experience smoother, smarter and more personal, while protecting your personal information under the Protection of Personal Information Act (POPIA). This policy explains what cookies are, why we use them, and how you can manage them.

1. What are cookies?

Cookies are small text files stored on your device when you visit a website. They help us recognise your browser, remember your settings, and improve how our website works. Similar technologies may include pixels, tags and local storage that perform functions similar to cookies.

2. The cookies we use

We use cookies for a few reasons:

  • Essential cookies are necessary for the website to work properly and cannot be switched off through Cookie Settings.
  • Performance and analytics, functional, marketing and advertising cookies are optional and are used in line with your choices in Cookie Settings.
  • Functional cookies– remember your preferences, such as language and region, to personalise your experience.
  • Marketing and advertising cookies– show you ads that align with your interests.

We don’t use cookies to track you across unrelated websites or to sell your information.

3. Controlling your cookie preferences

Your data should be in your hands. When you visit our site you’ll see a cookie banner that lets you choose which types of cookies you’re comfortable with.

You can update your preferences at any time through your browser settings and manage or delete cookies there. Please note that disabling certain cookies may affect how the website functions.

4. Questions

Your privacy is important to us. If you have any questions about this policy, please reach out to us at legal@rain.co.za.

rain Group Holdings (Pty) Ltd (registration number 1947/024435/07) together with its subsidiaries

competitions & promos

Competitions & Promos

This section sets out the terms for rain’s competitions and promotions. It forms part of the rain Terms & Conditions and is conducted in line with rain’s Privacy Policy. Where a competition or promotion’s terms conflict with the general Terms & Conditions, the specific terms apply to that competition or promotion only.

Some offers run for a fixed period; others run on an ongoing or recurring basis as communicated by rain. rain may add, amend, suspend or end any competition or promotion in line with the terms below.

1. General competitions

rain (the “Promoter”) runs multiple competitions during the year, including “buy rain”, “social media” and “early payment” competitions. By taking part you agree to be bound by these rules, together with any official competition communication and promotional material.

1.1Participation is open to individuals aged 18 or older, but excludes rain’s directors, members, partners, employees, agents and consultants; persons who directly or indirectly control or are controlled by rain; and suppliers of goods or services connected with the competition. The Promoter may communicate via Facebook and Instagram, email, WhatsApp and/or rain Channel.

1.2 How to enter – buy rain competition
You enter by buying a qualifying rain product through the Promoter’s authorised channels, as communicated in the promotional material, and by following the published instructions. You may enter once. Winners are chosen by an automated random lucky draw and notified by direct message to the mobile number or email address on record. The Promoter’s records are the only evidence of valid entries.

1.3 How to enter – social media competition
You are eligible to win during the week if you engage with or reply to the Promoter’s communication or posts, share or post as directed, use the required hashtag or comment, and tag @rainSouthAfrica during the competition period. You may enter multiple times unless stated otherwise, but can only win once per calendar year. Winners are chosen by an automated random lucky draw and notified within 7 business days after the competition closes post via direct message on the relevant platform.

1.4 How to enter – early payment competition

1.4.1You qualify for entry where you pay your rain subscription fee before your chosen payment date, as reflected on the Promoter’s records. The early payment competition runs monthly, and each qualifying early payment made during the relevant competition period results in one entry into that month’s competition.

1.4.2You may only be entered into the early payment competition once per monthly competition period, regardless of the number of early payments made during that period. Winners are chosen by an automated random lucky draw. The winner receives one loop device together with one month’s free “Unlizone” subscription on the loop product, subject to rain’s applicable product terms. The winner is notified by direct message using the contact details on record; if the winner cannot be contacted or does not qualify, the Promoter may select an alternative winner.

1.5 Prizes and winner selection

1.5.1 Prizes may vary (cash, vouchers, devices, data, minutes, event tickets or luxury prizes) and are communicated through official channels. Certain prizes may be transferable to another person aged 18 or older. Unless otherwise stated, the first entry drawn is the provisional winner, subject to verification. If the Promoter cannot reach a winner within the stated period, the prize is forfeited and a new winner is drawn.

1.5.2 Where a prize involves an age-restricted, invite-only, security-controlled or third-party event, the Promoter may require reasonable verification and suitability checks; a provisional winner who does not satisfy these, refuses reasonable information, or cannot attend may be disqualified. By entering, a winner consents to related publicity (consent may be withdrawn in writing). Closing dates are communicated through official rain channels.

1.6 Liability and general rules

1.6.1 To the extent permitted by the CPA and applicable law, the participant indemnifies the Promoter against any loss arising from participation, and the Promoter excludes all warranties and liability (other than for death or personal injury caused by its negligence).

1.6.2 The Promoter may verify the validity of entries and disqualify entries that breach these rules or tamper with the entry process and may withhold a prize until satisfied the claimant is the bona fide winner. Entrant details are used only for the competition and are not used for rain communication if the participant has opted out. The Promoter may use a third party to contact winners and arrange prize delivery and may share the necessary details for that purpose.

1.6.3The Promoter may amend these terms at any time by publishing the revised version on its website, and may modify, suspend, terminate or cancel a competition where it cannot reasonably be conducted (for example due to technical difficulty, unauthorised intervention or fraud). No liability lies against the Promoter arising from such cancellation, and the participant waives any claim in that regard. Competitions are governed by South African law and by rain’s Privacy Policy and general Terms & Conditions.

2. Click and Claim coupon promotion

2.1 The Click and Claim promotion runs intermittently until 30 June 2027 and is available to new rainOne Unlimited and Loop customers. Coupons valued between R50 and R699 are made available on the website, in store and via the call centre; the randomised value shown when you select the prompt is the value applied at purchase.

2.2One coupon may be redeemed per qualifying purchase. Coupons are non-transferable, valid only for the promotional period, expire once applied, cannot be converted to cash, and may not be used to buy top-up gigs, minutes or SMSes. The Promoter may release additional coupons and may amend, suspend or end the promotion for future offers, subject to applicable law. The promotion is subject to rain’s general Terms & Conditions.

3. R10-a-gig promotion

3.1The R10-a-gig promotion runs intermittently until 30 June 2027 on qualifying rain 4G mobile products, redeemable exclusively via rain’s website. You may buy 1 GB of mobile data for R10, up to a maximum of 30 promotional gigs per number per calendar month; purchases above the limit are charged at standard pricing.

3.2Promotional data may not be converted to cash, does not expire, and is allocated as a once-off benefit. Availability may vary. The Promoter may modify or cancel the promotion without prior notice. The promotion is subject to rain’s general Terms & Conditions.

rain Group Holdings (Pty) Ltd (registration number 1947/024435/07) together with its subsidiaries

acceptable use policy

Acceptable Use Policy

This Acceptable Use Policy (the “Policy”) sets out how you may and may not use rain’s services and network. It protects our customers and the wider internet community from abusive or illegal activity, helps us provide a reliable service, protects the integrity of our network, and keeps us compliant with South African law.

This Policy forms part of, and must be read with, the rain Terms & Conditions and Privacy Policy. As a member of the Internet Service Providers’ Association (ISPA), rain also subscribes to the ISPA Code of Conduct. Where this Policy conflicts with any product-specific terms, the product-specific terms prevail on pricing, product features and customer entitlements, while this Policy prevails on prohibited use, security, network management and fair-use enforcement.

By using any rain service you agree to comply with this Policy. If you do not agree, you must stop using the service and notify us so your account can be closed.

1. Scope and changes

1.1This Policy applies to all rain customers and anyone who has access to rain’s network.

1.2 We may revise this Policy at any time by posting a new version at rain.co.za. Revisions take effect immediately on posting and replace earlier versions, so please review it regularly to make sure your activity complies with the current version.

1.3 Failure to comply with this Policy or any other rain policy could result in suspension or termination of your service.

2. Your responsibilities

2.1 You are responsible for all use of your service, even if the misuse is committed by a family member, friend or guest. Keep your username and password confidential and secure.

2.2 You are solely responsible for the security of any device you connect to the service and any data stored or shared on it. Secure your equipment against viruses, spam and intrusion, and protect any shared files or printers with a strong password.

3. Prohibited uses and activities

You may not use the service to do any of the following (this list is not exhaustive):

  • Carry out any illegal or unlawful activity, including posting or transmitting material that is defamatory, obscene, discriminatory, threatening or unlawful, that infringes intellectual property rights, or that encourages criminal conduct or civil liability.
  • Post or transmit material that a reasonable person would find objectionable, offensive, indecent, pornographic, harassing, hateful, or racially or ethnically offensive.
  • Gain or attempt to gain unauthorised access to any computer, system, network, account or data; breach security or authentication; or probe, scan or test the vulnerability of any host, network or account without authorisation. Unauthorised port scanning is strictly prohibited.
  • Use or distribute tools designed to compromise security, such as password crackers, packet sniffers, decoders, Trojan horses or encryption-circumvention devices.
  • Reproduce, distribute or sublicense copyrighted or proprietary material, or rain or third-party software, without the owner’s permission.
  • Restrict, inhibit, disrupt or degrade any other person’s use of the service, or the service, network, servers or facilities themselves – including by transmitting viruses, worms or harmful code, or generating excessive traffic.
  • Exceed current bandwidth, data-storage or other limits, place an excessive burden on the network, or set up a LAN behind the user terminal in breach of this Policy.
  • Send unsolicited bulk or commercial messages (spam), chain mail, or numerous duplicate or empty messages; harvest email addresses or identifiers; or collect responses from unsolicited messages.
  • Impersonate any person or entity, falsify sender or header information, forge signatures, or carry out any similar fraudulent activity.
  • Service, alter, modify or tamper with rain equipment or the service, or let an unauthorised person do so.
  • Collect personal information about third parties without their consent, or interfere with networking or telecommunications service (for example through denial-of-service attacks or flooding).

4. Network and system security

4.1You may not circumvent the authentication or security of any host, device, network or account (“hacking”), interfere with service to any user (“denial-of-service”), or use any host, network or account for an illegal purpose, including phishing.

4.2 Examples of security violations include unauthorised access to or monitoring of data, systems or networks; mail bombing or flooding; deliberate attempts to overload a system; and forging packet headers or email/newsgroup header information (spoofing).

4.3If our network security is breached, rain will take appropriate civil and criminal action, may investigate the incident, and will cooperate with law enforcement where a criminal violation is suspected. The rain website is protected by reCAPTCHA, to which Google’s Privacy Policy and Terms of Service apply.

5. Fair use and network management

5.1You must comply with all current bandwidth, data-storage and other limits, and use only a dynamic IP address (DHCP) unless your plan expressly permits otherwise. Your activity must not unfairly restrict, degrade or burden other users or rain’s ability to deliver and monitor the service. All services have a total capacity limit.

5.2To keep usage fair and protect the network, rain may limit throughput, restrict specific ports or protocols, or terminate service to customers who grossly abuse the network through improper or excessive use. rain’s 5G network prioritises downlink speeds, so uplink speeds are expected to be slower.

5.3 rain cannot control the data passing over the internet and is not responsible for it, but you must comply with the acceptable-use policies of any other network you connect to, and you may not distribute copyrighted material without permission or obtain or facilitate unlawful material such as child sexual abuse material or unlawful hate speech.

6. Messaging, content and newsgroups

6.1 The service may not be used to send unsolicited bulk or commercial email, to collect responses from such email, or to forge, alter or remove email headers. You may not reference rain in any unsolicited email. Mailing lists are permitted only with the consent of list members, and undeliverable or unwilling addresses must be removed promptly. Mail servers must be secured against public relay, and rain may check this in accordance with its Privacy Policy.

6.2 Newsgroup posts must comply with the relevant newsgroup charter; excessive cross-posting and off-topic posting (USENET spam) are forbidden. You are solely responsible for the content of your instant messages, and rain is not responsible for their delivery or storage.

6.3 rain may refuse, remove or block any content it considers offensive, indecent or inappropriate. rain has no obligation to monitor transmissions, but reserves the right to do so to identify violations and protect the network and its customers.

7. Copyright and intellectual property

7.1 You must comply with South African copyright law and may not store or distribute material over the service that infringes third-party intellectual property rights.

7.2 Copyright owners may report alleged infringements stored on the service. On receiving a satisfactory notice, rain will expeditiously remove or disable access to the material and notify the affected customer, who may submit a counter-notification. rain will not be a party to disputes about alleged infringement.

7.3 In terms of section 75 of ECTA, rain has designated ISPA as its agent to receive take-down notifications. Take-down notices should follow the process at ispa.org.za/tdn (complaints@ispa.org.za). rain is legally required only to establish whether a notice is procedurally correct, not whether the material is in fact unlawful.

8. Protection of minors

You must ensure that children do not use the service to access illegal content, including pornography and gambling, and you must lock the service with a password to prevent unmonitored access.

9. VPN policy and use as intended

9.1 All VPNs are currently allowed, but rain reserves the right to determine which VPN protocols are supported and to throttle or terminate VPN services in line with this Policy, to ensure products are used as intended and fairly across all customers.

9.2 rain has no obligation to support use outside the intended design of a service or product (including misapplication or use of intermediary software such as VPNs). If rain determines a service is being used outside its intended design, it may throttle or terminate the service, and is not liable for any resulting problem.

10. Monitoring, enforcement and consequences

10.1 rain does not routinely monitor accounts, but will respond appropriately to inappropriate use. We prefer to advise customers of an issue and the corrective action needed, but where a service is used in breach of this Policy we may take any responsive action we consider appropriate.

10.2 Such actions include removing or blocking content, filtering transmissions, recovering equipment, and suspending or terminating all or part of the service. We may investigate suspected violations, gather information, examine material on our network, and cooperate with law enforcement (including providing personally identifiable information where appropriate).

10.3For individual customers, rain may suspend the account and withdraw network access, and may institute legal action for administrative and other costs. In severe cases, rain may suspend an entire network until abuse is prevented, apply technical measures such as shutting down affected ports or services, and share incident information with other providers or law enforcement. Neither rain nor its suppliers are liable for these responsive actions, and rain’s failure to enforce the Policy is not a waiver of its rights.

10.4 You indemnify and hold rain, its affiliates, suppliers and agents harmless against all claims and expenses (including legal costs) resulting from your prohibited activity or breach of this Policy. This indemnity survives termination.

11. Reporting abuse

If you believe you have been the victim of internet abuse on the rain network, please report it to rain’s abuse department. Where possible, provide the date and time of the incident (including time zone), and any evidence such as full email headers or syslog files.

Questions about this Policy can be sent to legal@rain.co.za, or contact the Customer Engagement Centre on 081 610 1000.

rain Group Holdings (Pty) Ltd (registration number 1947/024435/07) together with its subsidiaries

PAIA manual

PAIA Manual

rain Group Holdings (Pty) Ltd (Registration number: 1947/024435/07) together with its subsidiaries (“The Company”).

As prescribed by the provisions of THE PROMOTION OF ACCESS TO INFORMATION ACT, 2000 and THE PROTECTION OF PERSONAL INFORMATION ACT, 2013.

1. Definitions

1.1 Company means Rain Group Holdings (Pty) Ltd (registration number 1947/024435/07), a company duly registered and incorporated with limited liability in accordance with the company laws of the Republic of South Africa and having its principal place of business situated at 1st Floor Cape Quarter Square, 27 Somerset Road, Cape Town Western Cape 8001, Republic of South Africa together with its subsidiaries as specified in Appendix 1;

1.2 Complainant means any person who lodges a complaint with the Information Regulator.

1.3 Conditions for Lawful Processing means the conditions for the lawful processing of Personal Information as fully set out in chapter 3 of POPIA;

1.4 Constitution means the Constitution of the Republic of South Africa, 1996;

1.5 Customer refers to any natural or juristic person that received or receives services from the Company;

1.6 Data Subject has the meaning ascribed thereto in section 1 of POPIA;

1.7 Day means a calendar day as defined in the Interpretation Act 33 of 1957;

1.8 Head of the Companymeans the “head” as defined in section 1 of PAIA and referred to in clause 4;

1.9 Information Officermeans the Company’s appointed Information Officer as referred to in clause 4;

1.10 Manual means this manual prepared in accordance with section 51 of PAIA and regulation 4(1)(d) of the POPIA Regulations;

1.11 Office hours means 08:00-16:00 Monday to Friday

1.12 PAIA means the Promotion of Access to Information Act, 2000;

1.13 Personal Information has the meaning ascribed thereto in section 1 of POPIA;

1.14 Personnel refers to any person who works for, or provides services to or on behalf of the Company, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of the Company, which includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff as well as contract workers;

1.15 POPIA means the Protection of Personal Information Act, 2013;

1.16 POPIA Regulations mean the regulations promulgated in terms of section 112(2) of POPIA;

1.17 Private Body has the meaning ascribed thereto in sections 1 of both PAIA and POPIA;

1.18 Processing has the meaning ascribed thereto in section 1 of POPIA;

1.19 Responsible Party has the meaning ascribed thereto in section 1 of POPIA;

1.20 Record has the meaning ascribed thereto in section 1 of PAIA and includes Personal Information;

1.21 Requester has the meaning ascribed thereto in section 1 of PAIA;

1.22 Request for Access has the meaning ascribed thereto in section 1 of PAIA; and

Capitalised terms used in this Manual have the meanings ascribed thereto in section 1 of POPIA and PAIA as the context specifically requires, unless otherwise defined herein.

2. Purpose of the Manual

This Manual:

2.1 for the purposes of PAIA, details the procedure to be followed by a Requester and the manner in which a Request for Access will be facilitated; and

2.2 for the purposes of POPIA, amongst other things, details the purpose for which Personal Information may be processed; a description of the categories of Data Subjects for whom the Company Processes Personal Information as well as the categories of Personal Information relating to such Data Subjects; and the recipients to whom Personal Information may be supplied.

3. Company details

3.1 The details of the Company are as follows:

Physical address: 1st Floor Cape Quarter Square, 27 Somerset Road, Cape Town, Western Cape, 8001
Postal address: P O Box 651921, Benmore 2010
Fax number: N/A

4. Contact details of the Information Officer

4.1The Information Officer’s contact details are as follows:

Physical address: 1st Floor Cape Quarter Square, 27 Somerset Road, Cape Town, Western Cape, 8001, South Africa
Postal address: P O Box 651921, Benmore 2010
Email address: legal@rain.co.za
Fax number: N/A

5. The Information Regulator of South Africa

5.1 The Information Regulator provides a channel with practical guidance regarding enforcing Customer rights in terms of POPIA.

5.2 The Information Regulator can be contacted at:

Postal address: P.O Box 31533, Braamfontein, Johannesburg, 2017.
Website: www.inforegulator.co.za
Telephone number: 010 023 5200

6. Publication and availability of certain records in terms of PAIA

6.1 Schedule of Records
The Schedule of Records as contained in Appendix 2 of this Manual details the Records that are held and/or Processed by the Company for the purposes of PAIA and POPIA respectively. Such Access to such Records may not be granted if they are subject to the grounds of refusal which are specified in clause 7 below.

6.2 List of applicable legislation

(1) The Company retains records which are required in terms of legislation other than PAIA.

(2) Certain legislation provides that private bodies shall allow certain persons access to specified records, upon request. Legislation that may be consulted to establish whether the Requester has a right of access to a record other than in terms of the procedure set out in the PAIA are set out in Appendix 3.

7. Grounds for refusal of access to records in terms of PAIA

The following are the grounds on which the Company may, subject to the exceptions contained in Chapter 4 of PAIA, refuse a Request for Access in accordance with Chapter 4 of PAIA:

7.1 mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of Personal Information would be unreasonable;

7.2 mandatory protection of the commercial information of a third party, if the Records contain:

(1) trade secrets of that third party;

(2) financial, commercial, scientific or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or

(3) information disclosed in confidence by a third party to the Company, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition;

7.3 mandatory protection of confidential information of third parties if it is protected in terms of any agreement;

7.4 mandatory protection of the safety of individuals and the protection of property;

7.5 mandatory protection of Records that would be regarded as privileged in legal proceedings;

7.6 protection of the commercial information of the Company, which may include:

(1) trade secrets;

(2) financial/commercial, scientific or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of the Company;

(3) information which, if disclosed, could put the Company at a disadvantage in contractual or other negotiations or prejudice the Company in commercial competition; and/or

(4) computer programs which are owned by the Company, and which are protected by copyright and intellectual property laws;

7.7 research information of the Company or a third party, if such disclosure would place the research or the researcher at a serious disadvantage; and

7.8 Requests for Records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

8. Information or records not found

If the Company cannot find the records that the Requester is looking for despite reasonable and diligent search and it believes either that the records are lost or that the records are in its possession but unattainable, the Requester will receive a notice in this regard from the Information Officer in the form of an affidavit setting out the measures taken to locate the document and accordingly the inability to locate the document.

9. Remedies available to the Requester upon refusal of a Request for Access in terms of PAIA

9.1 The Company does not have internal appeal procedures. As such, the decision made by the Information Officer is final, and Requesters will have to exercise such external remedies at their disposal if the Request for Access is refused.

9.2 In accordance with sections 56(3)(c) and 78 of PAIA, a Requester may apply to a court for relief within 180 days of notification of the decision for appropriate relief.

10. Procedure for a Request for Access in terms of PAIA

10.1 A Requester must comply with all the procedural requirements as contained in section 53 of PAIA relating to a Request for Access to a Record.

10.2 A Requester must complete the prescribed Request for Access form attached as Appendix 4, and submit the completed Request for Access form as well as payment of a request fee (if applicable) and a deposit (if applicable), to the Information Officer at the postal or physical address, facsimile number or electronic mail address stated in clause 4 above.

10.3 The Request for Access form must be completed with enough detail so as to enable the Information Officer to identify the following:

(1) the Record/s requested;

(2) the identity of the Requester;

(3) the form of access that is required, if the request is granted;

(4) the postal address or fax number of the Requester; and

(5) the right that the Requester is seeking to protect and an explanation as to why the Record is necessary to exercise or protect such a right.

10.4 If a Request for Access is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the reasonable satisfaction of the Information Officer.

10.5 If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.

10.6 The Company will voluntarily provide the requested Records to a Personal Requester (as defined in section 1 of PAIA). The prescribed fee for reproduction of the Record requested by a Personal Requester will be charged in accordance with section 54(6) of PAIA and paragraph 11 below.

11. Fees

11.1 When the Request for Access is received by the Information Officer, the Information Officer will by notice require the Requester, other than a Personal Requester, to pay the prescribed request fee (if any), before further processing of the Request for Access.

11.2 Prescribed request fees are set out in Appendix 5.

11.3 If the search for a Record requires more than the prescribed hours for this purpose, the Information Officer will notify the Requester to pay as a deposit, the prescribed portion of the access fee (being not more than one third) which would be payable if the Request for Access is granted.

11.4 The Information Officer will withhold a Record until the Requester has paid the fees set out in Appendix 5.

11.5 A Requester whose Request for Access to a Record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the Record for disclosure, including making arrangements to make it available in a requested form provided for in PAIA.

11.6 If a deposit has been paid in respect of a Request for Access which is refused, the Information Officer will repay the deposit to the Requester.

12. Decision to grant access to records

12.1 The Company will decide whether to grant or decline the Request for Access within 30 days of receipt of the Request for Access and must give notice to the Requester with reasons (if required) to that effect.

12.2 The period referred to above may be extended for a further period of not more than 30 days if the Request for Access is for a large number of Records or the Request for Access requires a search for Records held at another office of the Company and the Records cannot reasonably be obtained within the original 30 day period.

12.3 The Company will notify the Requester in writing should an extension of time as contemplated above be required.

12.4 If, in addition to a written reply from the Information Officer, the Requester wishes to be informed of the decision on the Request for Access in any other manner, the Requester must state the manner and particulars so required.

13. Availability of the Manual

13.1 This Manual is made available in terms of PAIA and section 4 of the Regulations to POPIA.

13.2 This Manual is also available at: https://www.rain.co.za

13.3 This Manual is further available at the offices of SAHRC and at the offices of the Company for inspection during normal business hours. No fee will be levied for inspection as contemplated in this clause.

13.4 Copies of the Manual can be obtained from the Information Officer. A fee will be levied for copies of the manual in accordance with Appendix 5.

14. Protection of Personal Information that is processed by the Company

14.1 Chapter 3 of POPIA provides for the minimum Conditions for Lawful Processing of Personal Information by a Responsible Party. These conditions may not be derogated from unless specific exclusions apply as outlined in POPIA.

14.2 The Company needs Personal Information relating to both individual and juristic persons in order to carry out its business and organisational functions. The manner in which this information is Processed and the purpose for which it is Processed is determined by the Company. The Company is accordingly a Responsible Party for the purposes of POPIA and will ensure that the Personal Information of a Data Subject:

(1) is processed lawfully, fairly and transparently. This includes the provision of appropriate information to Data Subjects when their data is collected by the Company, in the form of privacy or data collection notices. The Company must also have a legal basis (for example, consent) to process Personal Information;

(2) is processed only for the purposes for which it was collected;

(3) will not be processed for a secondary purpose unless that processing is compatible with the original purpose.

(4) is adequate, relevant and not excessive for the purposes for which it was collected;

(5) is accurate and kept up to date;

(6) will not be kept for longer than necessary;

(7) is processed in accordance with integrity and confidentiality principles; this includes physical and organisational measures to ensure that Personal Information, in both physical and electronic form, are subject to an appropriate level of security when stored, used and communicated by the Company, in order to protect against access and acquisition by unauthorised persons and accidental loss, destruction or damage;

(8) is processed in accordance with the rights of Data Subjects, where applicable. Data Subjects have the right to:

(a) be notified that their Personal Information is being collected by the Company. The Data Subject also has the right to be notified in the event of a data breach;

(b) know whether the Company holds Personal Information about them, and to access that information. Any request for information must be handled in accordance with the provisions of this Manual;

(c) request the correction or deletion of inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained personal information;

(d) object to the Company’s use of their Personal Information and request the deletion of such Personal Information (deletion would be subject to the Company’s record keeping requirements);

(e) object to the processing of Personal Information for purposes of direct marketing by means of unsolicited electronic communications; and

(f) complain to the Information Regulator regarding an alleged infringement of any of the rights protected under POPIA and to institute civil proceedings regarding the alleged non-compliance with the protection of his, her or its personal information.

14.3 Purpose of the Processing of Personal Information by the Company
As outlined above, Personal Information may only be Processed for a specific purpose. The purposes for which the Company Processes or will Process Personal Information is set out in Part 1 of Appendix 6.

14.4 Categories of Data Subjects and Personal Information/special Personal Information relating thereto
As per section 1 of POPIA, a Data Subject may either be a natural or a juristic person. Part 2 of Appendix 6 sets out the various categories of Data Subjects that the Company Processes Personal Information on and the types of Personal Information relating thereto.

14.5 Recipients of Personal Information
Part 3 of Appendix 6 outlines the recipients to whom the Company may provide a Data Subjects Personal Information to.

14.6 Cross-border flows of Personal Information
Section 72 of POPIA provides that Personal Information may only be transferred out of the Republic of South Africa if the:

(1) recipient country can offer such data an “adequate level” of protection. This means that its data privacy laws must be substantially similar to the Conditions for Lawful Processing as contained in POPIA; or

(2) Data Subject consents to the transfer of their Personal Information; or

(3) transfer is necessary for the performance of a contractual obligation between the Data Subject and the Responsible Party; or

(4) transfer is necessary for the performance of a contractual obligation between the Responsible Party and a third party, in the interests of the Data Subject; or

(5) the transfer is for the benefit of the Data Subject, and it is not reasonably practicable to obtain the consent of the Data Subject, and if it were, the Data Subject, would in all likelihood provide such consent.

Part 4 of Appendix 6 sets out the planned cross-border transfers of Personal Information and the condition from above that applies thereto.

14.7 Description of information security measures to be implemented by the Company
Part 5 of Appendix 6 sets out the types of security measures to implemented by the Company in order to ensure that Personal Information is respected and protected. A preliminary assessment of the suitability of the information security measures implemented or to be implemented by the Company may be conducted in order to ensure that the Personal Information that is processed by the Company is safeguarded and Processed in accordance with the Conditions for Lawful Processing.

14.8 Objection to the Processing of Personal Information by a Data Subject
Section 11(3) of POPIA and regulation 2 of the POPIA Regulations provides that a Data Subject may, at any time object to the Processing of his/her/its Personal Information in the prescribed form attached to this manual as Appendix 7 subject to exceptions contained in POPIA.

14.9 Request for correction or deletion of Personal Information
Section 24 of POPIA and regulation 3 of the POPIA Regulations provides that a Data Subject may request for their Personal Information to be corrected/deleted in the prescribed form attached as Appendix 8 to this Manual.

Appendix 1 – Subsidiaries

  1. rain Holdings Proprietary Limited
  2. rain Proprietary Limited
  3. rain GTM Proprietary Limited
  4. rain Shared Services Proprietary Limited

Appendix 2 – Schedule of Records

Description of the subjects on which the Company holds records, and the categories of records held on each subject. Each of these records are available on request in terms of PAIA.

1. Client Services Records: Client correspondence; Client fee files; Client contracts; Client business information; Legal documentation; Working papers; Proposal and tender documents; Project plans; Risk management records; Solution methodologies; Standard terms and conditions of supply of goods and/or services.

2. Corporate Governance: Codes of conduct; Corporate social investment records; Board meeting minutes; Executive committee meeting minutes; Legal compliance records; Policies.

3. Finance and Administration: Accounting records; Annual financial statements; Agreements; Banking records; Correspondence; Purchase orders; Remittances; Invoices and statements; Tax records and returns; Statistics SA returns.

4. Human Capital: BEE statistics; Career development records; Personnel information; Employment equity reports; General terms of employment; Letters of employment; Leave records; PAYE records and returns; Performance management records; Assessments; Policies and procedures; UIF returns; Retirement benefits; Medical aid records.

5. Information Management and Technology: Agreements; Equipment register; Information policies; standards, procedures and guidelines.

6. Learning and Education: Training material; Training records and statistics; Learnership Programmes; Training agreements.

7. Library and Information and Research Centre: External publications; Internal publications; Reference works; Periodicals; Research files and articles.

8. Marketing and Communication: Proposal documents; New business development; Brand information management; Marketing strategies; Communication strategies; Agreements; Client relationship programmes; Marketing publications and brochures; Sustainability programmes.

9. Operations: Access control records; Agreements; Archival administration documentation; Communication strategies; General correspondence; Patents and Trade Mark documents; Insurance documentation; PABX management information; Service level agreements; Standard trading terms and conditions of supply of services and goods; Travel documentation; Procurement agreements and documentation; Used order books; Vehicle registration documents; Cellular phone registration documents, including RICA.

10. Secretarial Services: Applicable statutory documents, including but not limited to, certificates of incorporation and certificates to commence business; Corporate structure documents; Memoranda and Articles of Association; Share registers; Statutory Returns to relevant authorities; Share certificates; Shareholder agreements; Minutes of meetings; Resolutions passed.

Appendix 3 – List of applicable legislation

  • Administration of Adjudication of Road Traffic Offences Act 46 of 1998
  • Advertising on Roads & Ribbon Development Act 21 of 1940
  • Basic Conditions of Employment Act 75 of 1997
  • Bills of Exchange Act 34 of 1964
  • Broad-Based Black Economic Empowerment Act 53 of 2003
  • Broadcasting Act 4 of 1999
  • Companies Act 71 of 2008
  • Compensation for Occupational Injuries and Diseases Act 130 of 1993
  • Competition Act 89 of 1998
  • Constitution of South Africa Act 108 of 1996
  • Consumer Protection Act 68 of 2009
  • Copyright Act 98 of 1987
  • Criminal Procedure Act 51 of 1977
  • Currency & Exchanges Act 9 of 1933
  • Customs and Excise Act 91 of 1964
  • Electronic Communications and Transactions Act 2 of 2000
  • Employment Equity Act 55 of 1998
  • Environment Conservation Act 73 of 1989
  • Financial Advisory & Intermediary Services Act 37 of 2002
  • Financial Intelligence Centre Act 38 of 2001
  • Firearms Control Act 60 of 2000
  • Formalities In Respect of Leases of Land Act 18 of 1969
  • Health Act 63 of 1977
  • Income Tax Act 58 of 1962
  • Labour Relations Act 66 of 1995
  • Long Term Insurance Act 52 of 1998
  • National Building Regulations and Building Standards Act 103 of 1997
  • National Credit Act 34 of 2005
  • National Environmental Management Act 107 of 1998
  • National Environmental Management: Air Quality Act 39 of 2004
  • National Environmental Management: Waste Act 59 of 2008
  • National Water At 36 of 1998
  • National Road Traffic Act 93 of 1996
  • Occupational Health and Safety Act 85 of 1993
  • Patents Act 57 of 1987
  • Pension Funds Act 24 of 1956
  • Prescription Act 18 of 1943
  • Prevention & Combating of Corrupt Activities Act 12 of 2004
  • Prevention of Constitutional Democracy Against Terrorist & Related Activities Act 33 of 2004
  • Prevention of Organised Crime Act 121 of 1998
  • Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000
  • Protected Disclosures Act 26 of 2000
  • Regulation of Interception of Communications and Provisions of Communication Related Information Act 70 of 2002
  • Sales and Service Matters Act 25 of 1964
  • Second-Hand Goods Act 23 of 1955
  • Securities Services Act 36 of 2004
  • Securities Transfer Act 25 of 2007
  • Short-Term Insurance Act 53 of 1998
  • Skills Development Act 97 of 1997
  • Skills Development Levies Act 9 of 1999
  • South African Reserve Bank Act 90 of 1989
  • The South African National Roads Agency Limited & National Roads Act 7 of 1998
  • Tobacco Products Control Act 12 of 1999
  • Trade Marks act 194 of 1993
  • Transfer Duty Act 40 of 1949
  • Unemployment Insurance Act 63 of 2001
  • Unemployment Insurance Fund Contributions Act 4 of 2002
  • Value-Added Tax Act 89 of 1991

Although we have used our best endeavours to supply a list of applicable legislation, it is possible that this list may be incomplete. Whenever it comes to our attention that existing or new legislation allows a Requester access on a basis other than as set out in PAIA, we shall update the list accordingly. If a Requester believes that a right of access to a record exists in terms of other legislation listed above or any other legislation, the Requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity of considering the request in light thereof.

Appendix 4 – Access Request Form (Record of Private Body)

(Section 53(1) of the Promotion of Access to Information Act, 2000) [Regulation 7]

Completion of access request form 02 [Request for Access to Record]

  1. The Request for Access to Record Form must be completed.
  2. Proof of identity is required to authenticate the identity of the requester. Attach a copy of the requester’s identification document.
  3. Type or print in BLOCK LETTERS an answer to every question.
  4. If a question does not apply, state “N/A”.
  5. If there is nothing to disclose in reply to a question, state “nil”.
  6. When there is insufficient space on a printed form, additional information may be provided on an attached folio, and each answer on such folio must reflect the applicable title.

1. Particulars of Private body
The Information Officer: Msizi Khumalo, 1st Floor Cape Quarter Square, 27 Somerset Road, Cape Town, Western Cape 8001, South Africa. Email: legal@rain.co.za
The Deputy Information Officer: Christa Scheepers, 1st Floor Cape Quarter Square, 27 Somerset Road, Cape Town, Western Cape 8001, South Africa. Email: legal@rain.co.za

2. Particulars of Requester (if natural person)– the particulars of the person who requests access to the record must be given (full names and surname; identity number; postal address; fax number; telephone number; email address; and the capacity in which the request is made, when made on behalf of another person). The address and/or fax number in the Republic to which the information is to be sent must be given, and proof of the capacity in which the request is made, if applicable, must be attached.

3. Particulars of Requester (if a legal entity)– the particulars of the entity that requests access to the record must be given (name; registration number; postal address; fax number; telephone number; email address), together with the address and/or fax number in the Republic to which the information is to be sent and proof of the capacity in which the request is made, if applicable.

4. Particulars of person on whose behalf request is made– to be completed ONLY if a request for information is made on behalf of another person (full names and surname; identity number).

5. Particulars of record– provide full particulars of the record to which access is requested, including the reference number if known, to enable the record to be located: description of record or relevant part of the record; reference number, if available; any further particulars of record.

6. Fees

(a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a non-refundable request fee of R57,00 has been paid.

(b) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.

(c) You will be notified of the amount required to be paid as the access fee.

(d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.

7. Form of access to record– mark the appropriate box with an X. Compliance with your request in the specified form may depend on the form in which the record is available; access in the form requested may be refused under certain circumstances (in which case you will be informed whether access will be granted in another form); and the fee payable will be determined partly by the form in which access is requested. Options include: a copy or inspection of a written/printed record; viewing, a copy or a transcription of visual images; listening to or a transcription of a sound recording; and a printed copy, printed copy of information derived from the record, or a computer-readable copy for electronic records. If you request a copy or transcription, indicate whether you wish it to be posted to you (postage is payable).

8. In the event of disability– if you are prevented by a disability to read, view or listen to the record in the form of access provided for above, state your disability and indicate in which form the record is required.

9. Particulars of right to be exercised or protected– indicate which right is to be exercised or protected, and explain why the record requested is required for the exercise or protection of that right.

10. Notice of decision regarding request for access– you will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars. The form is signed and dated by the Requester / person on whose behalf the request is made.

Appendix 5 – Fees [Regulation 8]

Should your request be approved or denied, it will be communicated to you through FORM 3 [Outcome of request and fees payable]. The prescribed fees payable are as follows:

ItemDescriptionAmount
1.The request fee payable by every requesterR140.00
2.Photocopy/printed black & white copy of A4-size pageR2.00 per page or part thereof.
3.Printed copy of A4-size pageR2.00 per page or part thereof.
4.For a copy in a computer-readable form on: (iii) Flash drive (to be provided by requestor); (iv) Compact disc — if provided by requestor / if provided to the requestorR40.00 (flash drive); R40.00 (CD if provided by requestor); R60.00 (CD if provided to requestor)
5.For a transcription of visual images, per A4-size pageService to be outsourced. Will depend on quotation from Service provider.
6.Copy of visual imagesService to be outsourced. Will depend on quotation from Service provider.
7.Transcription of an audio record, per A4-size pageR24.00
8.Copy of an audio record on: (v) Flash drive (to be provided by requestor); (vi) Compact disc — if provided by requestor / if provided to the requestorR40.00 (flash drive); R40.00 (CD if provided by requestor); R60.00 (CD if provided to requestor)
9.To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation. To not exceed a total cost of R435.00.R145.00
10.Deposit: If search exceeds 6 hoursOne third of amount per request calculated in terms of items 2 to 8.
11.Postage, e-mail or any other electronic transferActual expense, if any.
12.*Zero fee note*No fee will be charged for any objections or corrections to personal information submitted in terms of Regulation 2 (Appendix 7 & 8).

Appendix 6 – Processing of Personal Information in accordance with POPIA

Part 1 – Purpose of the Processing of Personal Information

  1. To provide services to the Customer in accordance with terms agreed to by the Customer;
  2. To undertake activities related to the provision of services and transactions, including: (2.1) to fulfil foreign and domestic legal, regulatory and compliance requirements and comply with any applicable treaty or agreement with or between foreign and domestic governments applicable to the Company; (2.2) to verify the identity of Customer representatives who contact the Company or may be contacted by the Company; (2.3) for risk assessment, information security management, statistical, trend analysis and planning purposes; (2.4) to monitor and record calls and electronic communications with the Customer for quality, training, investigation and fraud prevention purposes; (2.5) for crime detection, prevention, investigation and prosecution; (2.6) to enforce or defend the Company’s rights; and (2.7) to manage the Company’s relationship with the Customer;
  3. The purposes related to any authorised disclosure made in terms of agreement, law or regulation;
  4. Any additional purposes expressly authorised by the Customer; and
  5. Any additional purposes as may be notified to the Customer or Data Subjects in any notice provided by the Company.

The type of Processing includes collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Part 2 – Categories of Data Subjects and categories of Personal Information relating thereto

Customer(natural persons and juristic persons): — Corporate: Customer Profile information including account details, payment information, corporate structure, customer risk rating and other customer information including, to the extent the categories of information relate to individuals or representatives of customers (e.g., shareholders, directors, etc.), information required for the above-mentioned purposes. — Individual: Name; contact details (Company E-Mail Address, Company Telephone Number); client details (Home Facsimile Number, Home Postal Address, Home Telephone Number, Personal Cellular, Mobile Or Wireless Number, Personal E-Mail Address); regulatory identifiers (e.g. tax identification number); Account information (Bank Account Currency Code, Bank Account Id, Bank Account Name, Bank Account Number, Bank Account Type, Bank account balance); transaction details and branch details; “know-your customer” data; photographs; other identification and verification data as contained in images of ID card, passport and other ID documents; images of customer signatures.

Payment beneficiaries: Bank Account Currency Code, Bank Account Id, Bank Account Name, Bank Account Number, Bank Account Type; beneficiary address; transaction details; payment narrative and, for certain data transferred from the UK only, National Insurance numbers.

Personnel: Name; employee ID number; business contact details (address/telephone number/email address).

Personal data relating to a Data Subject is received by or on behalf of the Company from the Customer, Customer affiliates and their respective representatives and related parties in the course of providing accounts and services to the Customer or in connection with a transaction or services. Customer personal data may include names, contact details, identification and verification information, nationality and residency information, taxpayer identification numbers, voiceprints, bank account and transactional information (where legally permissible), to the extent that these amount to personal data under POPIA.

Part 3 – Recipients of Personal Information
The Company, its affiliates and their respective representatives.

Part 4 – Cross border transfers of Personal Information
When making authorized disclosures or transfers of personal information in terms of section 72 of POPIA, Personal Data may be disclosed to recipients located in countries which do not offer a level of protection for those data as high as the level of protection as South Africa.

Part 5 – Description of information security measures
The Company undertakes to institute and maintain the data protection measures to accomplish the following objectives. The details given are to be interpreted as examples of how to achieve an adequate data protection level for each objective. The Company may use alternative measures and adapt to technological security development, as needed, provided that the objectives are achieved.

1. Access Control of Persons– The Company shall implement suitable measures in order to prevent unauthorized persons from gaining access to the data processing equipment where the data are processed.

2. Data Media Control– The Company undertakes to implement suitable measures to prevent the unauthorized manipulation of media, including reading, copying, alteration or removal of the data media used by the Company and containing personal data of Customers.

3. Data Memory Control– The Company undertakes to implement suitable measures to prevent unauthorized input into data memory and the unauthorized reading, alteration or deletion of stored data.

4. User Control– The Company shall implement suitable measures to prevent its data processing systems from being used by unauthorized persons by means of data transmission equipment.

5. Access Control to Data– The Company represents that the persons entitled to use the Company’s data processing system are only able to access the data within the scope and to the extent covered by their respective access permissions (authorization).

6. Transmission Control– The Company shall be obliged to enable the verification and tracing of the locations / destinations to which the personal information is transferred by utilization of the Company’s data communication equipment / devices.

7. Transport Control– The Company shall implement suitable measures to prevent Personal Information from being read, copied, altered or deleted by unauthorized persons during the transmission thereof or during the transport of the data media.

8. Organization Control– The Company shall maintain its internal organization in a manner that meets the requirements of this Manual.

Appendix 7 – Objection to the Processing of Personal Information

In terms of section 11(3) of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013); Regulations Relating to the Protection of Personal Information, 2021 [Regulation 2].

If the space provided for in this Form is inadequate, submit information as an Annexure to this Form. Complete as is applicable. The form captures:

A. Details of Data Subject: Name(s) and surname / registered name of data subject; postal or business address; contact number(s); fax number / e-mail address.

B. Details of Responsible Party: Name(s) and surname / registered name of responsible party; postal or business address; contact number(s); fax number / e-mail address.

C. Reasons for objection in terms of section 11(3)(a): please provide detailed reasons for the objection.

The form is signed and dated by the data subject / designated person.

Appendix 8 – Request for correction or deletion of Personal Information

Request for correction or deletion of personal information, or destroying or deletion of a record of personal information, in terms of section 24(1) of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013); Regulations Relating to the Protection of Personal Information, 2021 [Regulation 3].

Affidavits or other documentary evidence as applicable in support of the request may be attached. If the space provided for in the Form is inadequate, submit information as an Annexure to the Form and sign each page. Complete as is applicable. Requests for correction or deletion of personal information can be submitted via the following Channels:

  • Via WhatsApp on 081 610 1000. Customers must follow the prompts to complete each request;
  • Via the askrain AI chat function available on https://www.rain.co.za;
  • Telephonically by calling 081 610 1000; or
  • Per email by emailing legal@rain.co.za.

The form allows the Data Subject to mark the applicable request:

a) Correction or deletion of personal information about the data subject which is in possession or under the control of the responsible party. Applicable reasons for the request: (a) Inaccurate; (b) Irrelevant; (c) Excessive; (d) Out of Date; (e) Incomplete; (f) Misleading; (g) Obtained unlawfully.

b) Destruction or deletion of a record of personal information about the data subject which is in the possession or under the control of the responsible party who is no longer authorised to retain the record of information.

The form also captures:

A. Details of the Data Subject: Name(s) and surname / registered name of data subject; postal or business address; contact number(s); fax number / e-mail address.

B. Details of Responsible Party: Name(s) and surname / registered name of responsible party; postal or business address; contact number(s); fax number / e-mail address.

C. Personal information to be corrected/destroyed/deleted: please specify the personal information required to be corrected / destroyed / deleted.

D. Explanation for the selected reason for a request: please provide detailed explanation for the selected reasons for the request for correction or deletion of personal information which is in possession or under the control of the responsible party.

The form is signed and dated by the data subject / designated person.