“The Dealer” refers to Hayestad Motors, 2 Industrial Road,Brackenfell, Cape Town, 7450

Our website address is: https://hayestadmotors.co.za

THE PROTECTION OF PERSONAL INFORMATION ACT

CUSTOMER PRIVACY NOTICE

At Hayestad Motors (and including this website, POPI Act-Compliance) we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.

1. Introduction

This policy outlines the Dealership (“Hayestad Motors “) privacy policy that applies when the Dealership obtains and uses information belonging to customers, suppliers and other third parties. It has been prepared with reference to internal business practices and applicable laws such as the Protection of Personal Information Act 4 of 2013 (“POPI”). It applies uniformly to the dealership and business units of Hayestad Motors, specifically including processing relating to:

• Marketing
• Consumers and Third Parties
• Social Media
• Supplier Procurement
• Customer Complaints and Dispute Resolution
• All general processing of personal information for legitimate business purposes and compliance with the law

2. Marketing

This policy applies to any and all marketing and advertising initiatives and promotions undertaken, whether online or otherwise, relating to the sale of New or Used Vehicles, Parts and/or Services or the provision of value added and financial services by Hayestad Motors

Hayestad Motors as a dealership take steps to ensure that marketing and advertising initiatives undertaken:

• project Hayestad Motors image, values and ethics satisfactorily;
• are appropriate to the circumstances and the intended audience;
• are non-discriminatory and respectful;
• are mindful of an individual’s right to privacy and the rights when receiving unsolicited communications;
• are aligned with Hayestad Motors Dealership strategic objectives;
• are factually accurate and are compliant with all applicable legal and regulatory requirements and standards;

When marketing to customers and potential customers, Hayestad Motors offers an opt-out functionality to allow anyone who receives marketing material to opt out from future communications from the dealership. Please note that our dealership operate as business units, and an opt-out will therefore apply to the specific dealerships who sent the marketing material.

The law does not require consent for all marketing, but where consent is required, Hayestad Motors will only do marketing with the necessary consent.

Hayestad Motors, our authorised service providers and contractors will not sell your personal information to third parties for marketing or any other purpose

3. General POPI principles applying to consumer and third party information

(1) PERSONAL INFORMATION.

In this policy “Personal Information” or “information” means information about a person, including both natural and juristic persons being customers, potential customers, suppliers, and other third parties (collectively referred to as “Data Subjects”), that can be used to identify the Data Subject. Personal Information includes, amongst others, name, identifying numbers, address, contact information, banking information and all other personal information as defined in POPI.

(2) COLLECTING PERSONAL INFORMATION.

As far as possible, Personal Information is collected directly from the Data Subject, but may also be collected from the following sources if it cannot be collected directly from the Data Subject:

• Government organisations and public bodies;
• The internet and media, including online and social media platforms;
• Marketers and third party suppliers of products or services relating to Hayestad Motors products and services. If the information will be used for marketing purposes, the third party from whom we collect, may only share it if the law allows for the sharing;
• Credit or information bureaus for the purposes of information verification related to applications for credit and credit affordability assessments or to update contact details;
• Family or friends;
• Public resources;
• Business partners with whom we have trusted relationships;
• Other third parties if the law allows it.

(3) RESPONSIBILITY.

Hayestad Motors shall assume all the responsibilities of a “Responsible Party” in terms of POPI (this is the party that determines the purpose of and means for processing Personal Information). This applies from the time that the Personal Information is obtained the first time until it gets destroyed.

(4) PROCESSING.

Personal Information will be collected and processed lawfully and in accordance with all laws that apply to Hayestad Motors, including but not limited to POPI, PAIA, CPA, FAIS, NCA and ECTA.

(5) MINIMALITY.

Only Personal Information that is necessary, related to or relevant to the reason for which Hayestad Motors intends to use it will be obtained and processed by Hayestad Motors. Hayestad Motors will not ask for more information than required in the circumstances.

(6) PURPOSES FOR PROCESSING PERSONAL INFORMATION.

Hayestad Motors will process Personal Information for the following purposes in compliance with applicable laws:

• to perform in terms of an agreement or intended agreement to which Hayestad Motors is a party;
• for any legitimate purposes related to the relationship with us and our employees;
• to process credit applications;
• to manage your relationship with us and any related third parties, such as finance houses etc.;
• to contact you for marketing purposes;
• for internal business purposes, which includes:
  • administrative and operational tasks;
  • monitoring our business, carrying out market and statistical research, and for business development;
  • financial management, business audits and analyses, and fraud prevention;
  • compliance with legal requirements;
• to comply with reporting and other legal obligations in terms of contracts or the law;
• any other purpose if the law allows or requires it.

(7) MARKETING.

Hayestad Motors may use your Personal Information to provide you with information regarding any of its other related products, services, or events from time-to-time. You may however request that Hayestad Motors stop sending you such information or request that your Personal Information is removed from Hayestad Motors mailing list at any time by e-mailing info@hayestad.co.za

When you opt-out of receiving marketing information, Hayestad Motors may still contact you when it is necessary for our relationship with you, such as performing in terms of our agreement with you, providing you with necessary information, or if required or allowed by law.

(8) DISCLOSURE AND USE OF PERSONAL INFORMATION.

Hayestad Motors will not use or disclose Personal Information to any third party for any purpose other than the purpose for which the information was collected, without obtaining the necessary consent to do so or to the extent that legislation permits or requires.

Hayestad Motors will disclose Personal Information to regulatory authorities, accountants, auditors, lawyers or professional advisors if contractually required to or legal obligated to.

Information may also be shared with third party service providers whose products or services are related to or connected with the products or services supplied to you by Hayestad Motors

Hayestad Motors will also transfer information to third parties if it sells any portion of its business or assets

Information may be shared with approved Hayestad Motors Service providers or subcontractors when and if required to in order to fulfil our obligations to you, however information will only be transferred to these third parties when and if all the required and relevant confidentiality and data security undertakings and legal requirements have been contractually accepted and agreed to in writing and in the event of a transfer of Personal Information to any third party, details of the transfer will only be retained for as long as is required to fulfil contractual obligations and / as allowed or required by law.

(9) CONSENT.

Where you have provided consent for Hayestad Motors to process your Personal Information, you may also withdraw your consent where and if our processing or marketing has been based on your consent. Personal Information may continue to be processed when and if legal justification exists for the processing.

In instances, where consent is required in order to process your Personal Information refusal to provide consent may result in Hayestad Motors not being able to maintain the relationship with you, unless other legal grounds to lawfully process your Personal Information without consent exists

(10) PUBLIC DISCLOSURE OF PERSONAL INFORMATION

Unless the law requires or provides otherwise, Hayestad will only make Personal Information public with your express consent to do so.

(11) RETENTION PERIODS.

Hayestad Motors takes reasonable steps to only process Personal Information for the minimum period necessary and retains information in accordance with the retention periods required by law and as described in this policy. Information that is no longer required for the purposes for which it was collected will be destroyed.

(12) SECURITY.

All reasonable measures will be taken to ensure the security, integrity and confidentiality of Personal Information that we hold by taking appropriate, reasonable, technical and organisational security measures to protect Personal Information and prevent accidental or unlawful destruction, loss, alteration, disclosure, access and other unlawful or unauthorised forms of processing.

Hayestad Motors cannot be held liable for any losses or damages that may occur as a result of security breaches unless directly attributed to the gross negligence or misconduct on the part of Hayestad Motors or any of its employees, contractors or service providers.

(13) SECURITY BREACH.

In the event of a security breach of any Personal Information, Hayestad Motors will notify all affected Data Subjects and the applicable regulatory authorities of the breach. If you want to report any concerns about our privacy practices or if you suspect any breach regarding your Personal Information, kindly notify us by sending an email to info@hayestad.co.za

The internet is an open and often vulnerable system and the transfer of information via the internet is not completely secure. Although we will implement all reasonable measures to protect Personal Information, we cannot guarantee the security of your Personal Information transferred to us when using the internet. Therefore, you acknowledge and agree that any transfer of Personal Information via the internet is at your own risk and you are responsible for ensuring that any Personal Information that you send is sent securely.

(14) THIRD PARTY INFORMATION AND WEBSITES.

Hayestad Motors is not responsible for and gives no warranties, undertakings and makes no representations in respect of the privacy policies or practices of any websites linked to Hayestad Motors website. Your use of and reliance on these links is at your own risk.

(15) OBJECTION TO PROCESSING

You may, on reasonable grounds, object to Hayestad Motors using your Personal Information for certain purposes. If you object, we will stop using your Personal Information and delete it, except if applicable laws allow its use or retention. To exercise this right or to discuss it with us, please contact us on info@hayestad.co.za

(16) QUALITY OF PERSONAL INFORMATION.

We want to ensure that your Personal Information is accurate and kept up to date. You may ask us to correct or remove any Personal Information that you think is inaccurate, by sending us an email on info@hayestad.co.za

It is your responsibility to update us if any of your Personal Information changes.

(17) ACCESS TO PERSONAL INFORMATION.

You have the right to request whether Hayestad Motors holds any Personal Information about you. If you would like us to provide you with the Personal Information that we hold about you, you may send in a request by email  to info@hayestad.co.za

This request may be subject to you verifying your identity and the rights that you are wishing to exercise and to an administration fee in terms of applicable laws. We will provide you with the requested information, or if in terms of the law we are not required to share the information with you, we will inform you accordingly as soon as is reasonably possible in the circumstances but no later than 30 days after request has been received.

(18) COMPLAINTS.

If you want to raise any objection or have any queries about our privacy practices, you can contact our data protection officer on info@hayestad.co.za

In the event that you believe that Hayestad Motors or any of its divisions or business units have infringed on any of your rights or have contravened the provisions of POPI in any manner that has prejudiced you, you have the right to raise your complaint in the prescribed format with the Information Regulator of South Africa.

Details on how to lodge a complaint may be obtained from http://www.justice.gov.za/inforeg, and complaints can be submitted to the Information Regulator of South Africa with the following contact details:

Address: Braampark Forum,
Forum 3, 3rd Floor
33 Hoofd Street,
BRAAMFONTEIN
Complaints email: complaints.IR@justice.gov.za
General enquiries email: inforeg@justice.gov.za
Fax: 086 500 3351

4. Social Media

Hayestad Motors encourage all of their employees to explore and engage in social media interactions, but in a manner that is respectful, responsible and with sound judgement and common sense. At all times, they are expected to adhere to Hayestad Motors values, and ensure that they follow the Policies and Procedures that apply to Social Media interaction.

Please note that if you communicate with us through a Social Media channel, we may use the same channel to communicate back to you. This also applies to communications regarding a sales or service contract, for example sending documentation over WhatsApp. Using social media channels may expose your information to security risks, and by choosing to use these channels, you accept this risk.

5. Supplier Procurement
   • Marketing and/or sale of new or used vehicles, optional extras and/or the fitments thereof,
   • Parts; Servicing and/or repairs of vehicles.

Hayestad Motors endeavour to ensure that all suppliers of the above products and services are assessed and vetted to ensure that they comply with:

• All the required criteria to ensure that the products and services being provided offer the value and are of the standard and quality that would be expected from Hayestad Motors
• All legislation relevant to the services and/or products that are to be supplied or provided;
• All Regulatory Bodies relevant to the service and/or products to be supplied or provided;
• The Codes of Good Practice for Broad Based Black Economic Empowerment.

All suppliers to Hayestad Motors will be required to enter into a service level agreement with Hayestad Motors to regulate the way in which suppliers will use personal information accessed or used as a result of the Hayestad Motors relationship. All suppliers are required to implement the security measures as prescribed by POPI.

6. Customer Complaints and Dispute Resolution

Hayestad Motors are bound by the Consumer Protection Act 68 of 2008 and the Automotive Industry Code of Conduct.

Should you be dissatisfied with your experience at any of our motor dealerships please forward the details of your complaint to our Head Office at info@hayestad.co.za for further investigation or alternatively you may refer the matter to the Motor Industry Ombudsman of South Africa (MIOSA). The correct process to lodge a complaint can be located on their website at www.miosa.co.za.

Alternatively, they may be contacted on:

Email: info@miosa.co.za
Tel: 0861 1 MIOSA (0861 1 64672)
Fax: 086 630 6141
Postal Address: Suite 56, Private Bag X025, Lynwood Ridge, 0040

7. General

Hayestad Motors may use cloud storage services which will result in your information being transferred to online storage. We will only transfer Personal Information to third parties in South Africa with adequate data protection laws or do so in terms of a written agreement with the recipient which imposes data protection requirements on that party as required by POPI.

Hayestad Motors reserves the right to alter the terms and conditions of this policy at any time.

You will be responsible for reviewing any such changes each time you access the websites and your continued use of the website after changes have been posted online constitutes your acceptance of this policy as modified by the posted changes.