PRIVACY NOTICE AND INFORMED CONSENT NOTICE
CONSENT TO PROCESS PERSONAL INFORMATION IN TERMS OF THE PROTECTION OF INFORMATION ACT, 4 OF 2013 (POPIA)
(EMAIL,WEBSITE AND SOCIAL MEDIA PRIVACY NOTICE)
The Protection of Personal Information Act, 4 of 2013 (POPIA) gives effect to the constitutional right to data privacy in terms of Section 14 of the Bill of Rights of the Constitution.
The responsible use of the Affinity Cars website and related resources in respect of data privacy is important to Affinity Cars .
Whilst Affinity Cars is committed to protecting all person’s rights to privacy and who in consequence will ensure that all person’s Personal Information is used appropriately, transparently and according to applicable law, Affinity Cars has to ensure that these rights to privacy are balanced with other rights such as the right to use and have access to Affinity Cars Information and Services including its online and social media platforms and applications.
This Policy sets out the responsibilities and obligations of all persons who make use of, or access or receive Affinity Cars Information and Communications via its electronic communication facilities and resources including its website, email and social media platforms and how all users of these facilities and resources are to ensure that when using these resources that they respect and process another’s Personal Information lawfully and in accordance with the provisions of POPIA and the 8 Personal Information Processing Principles.
1.1 Affinity Cars in order to carry out its aims and objectives does, and will, on an ongoing basis receive, provide and process Personal Information.
1.2 In terms of a law known as the Protection of Personal Information Act, 4 of 2013 (POPIA) everyone has the right to privacy, including the right to the lawful collection, retention, dissemination and use of one’s Personal Information.
1.3 In order to give effect to this right, Affinity Cars is under a duty to provide any person whose Personal Information is processed by it, (known as a “Data Subject”) with a number of details pertaining to the use of and subsequent processing of the Data Subject’s Personal Information, before such Personal Information may be used or processed by Affinity Cars .
1.4 In accordance with this requirement, Affinity Cars sets out the below:
2.1.1 all Affinity Cars electronic platforms and facilities, including social media, websites and / or email, whether owned by, established by, used by, hosted by and / or accessed by Affinity Cars , and
2.1.2 all and any Data Subject(s), who may access and make use of the aforementioned Affinity Cars electronic platforms and facilities, including, without detracting from the generality thereof, Affinity Cars employees and staff, consumers and customers, vendors, contractors, service providers and / or other third parties.
2.2.2 all the Personal Information which is owned by Affinity Cars and which is provided to any responsible parties and / or operators as a result of such person accessing or making use of Affinity Cars social media and electronic platforms.
3.3 Accordingly, the relevant data privacy principles relating to the processing of Personal Information, whether that belonging to Affinity Cars or that belonging to a data subject (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion) will apply without exception, save where POPIA provides for such an exception, to all and any Personal Information provided by Affinity Cars to another or received by Affinity Cars as a result of the use of Affinity Cars electronic platforms and facilities.
4.1 By accessing or using the Affinity Cars electronic platforms and facilities including all website and URL’s, any sites housed under its domain names and / or social media platforms, and / or when sending or receiving emails using the Affinity Cars email, the Data Subject:
5.1 Affinity Cars will receive Personal Information pertaining to a Data Subject when the Data Subject submits a query or request via the Affinity Cars electronic platforms or facilities, including via its website, or by way of email, telephone or via social media.
5.2 On receipt of the request or query, Affinity Cars will thereafter use and process the Data Subject’s Personal Information for the purpose of the query and for a variety of related purposes, which will all depend on the query or request, and which without detracting from the generality thereof may include:
5.3 In order to correctly handle any request or query, and in order to perform the purposes described above, Affinity Cars may from time to time share a Data Subject’s Personal Information with the following parties:
5.4 Affinity Cars does not share a Data Subject’s Personal Information with any third parties who have not been described above, unless:
and under all of the above mentioned circumstances, Affinity Cars will take reasonable measures to ensure that such Personal Information is only provided to the recipient if such recipient undertakes to keep the Personal Information confidential and secure.
5.5 Where Affinity Cars has to transfer the Data Subject’s Personal Information across the South African borders, it will before it does so, ensure that the recipient thereof agrees to be bound by POPIA under and in terms of a set of binding corporate rules or binding agreements that provide an adequate level of protection and uphold the principles for the reasonable and lawful processing of such Personal Information.
Affinity Cars on receipt and in response to a query or request received from a Data Subject, referred to under section 5 above, may transmit via its website, or by way of email, telephone or via social media, its own Personal Information, which Personal Information on receipt by the requesting or receiving party, may only be used for the purpose relating to the initiating of the request or query and for no other purpose. Furthermore, the recipient undertakes that it will not use this Personal Information for any other purpose or share this information with any other party, save where it has been given express permission to do so by Affinity Cars.
7.1 Whilst Affinity Cars will make all efforts to ensure the integrity and accuracy of a Data Subject’s Personal Information, this may not at all times be possible. Following this, the Data Subject accepts the responsibility for keeping his / her or its Personal Information up to date, and undertakes to inform Affinity Cars of any changes to his / her and its Personal Information.
7.2 A Data Subject has a right of access to any Personal Information which Affinity Cars may have and where applicable may ask Affinity Cars to correct any inaccuracies in or to any such Personal Information. Any access request can be requested, please give us a call on 084 916 2412.
8.1 Affinity Cars makes all reasonable effort to keep its social media and electronic platforms including its website secure at all times, however Affinity Cars advises that it cannot guarantee the security of any information provided to Affinity Cars through the Affinity Cars website, e-mail, internet or social media sites. Following this Affinity Cars cannot be held responsible for any loss or unauthorised use or interception of information transmitted via these social media and electronic platforms or sites, including its Internet, which is beyond Affinity Cars reasonable control.
8.2 The Affinity Cars website may contain links to other websites outside of Affinity Cars control. Affinity Cars is not responsible for the content, privacy or security of these other third party controlled websites.
8.3 Affinity Cars may have cookies on its website which makes contact with your / a Data Subject’s device to help make the Affinity Cars social media and electronic platforms website better.
8.4 Affinity Cars makes use of social plugins of social networks such as Facebook, YouTube, LinkedIn and Twitter. Please note that Affinity Cars has no influence on or control over the extent of the data retrieved by the social networks’ interfaces and Affinity Cars can accordingly not be held responsible or liable for any processing or use of Personal Information transmitted via these social plugins. For information on purpose and extent of the data retrieval by the social network concerned, and about the rights and settings which are available for you to access for the protection of your private information, please refer to the data protection information provided by the social network in question.
8.5 Note that all Affinity Cars social media and electronic platforms including its website and telephone facilities and your use of them will be monitored on a regular basis including the recording and interception of content placed on or stored on said facilities which are done for security, integrity and quality assessment purposes and by using such electronic platforms and facilities you expressly acknowledge notice of such monitoring and interception and give consent thereto in accordance with the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (“RICA”),
8.6 Subject to the provisions above, Affinity Cars has implemented the appropriate technical and organisational security measures which are required in order to protect all Personal Information and related data which it holds from and/or against unauthorised access, accidental or wilful manipulation, loss or destruction.
If a Data Subject provides Affinity Cars with Personal Information on behalf of another, Affinity Cars will not be able to process the query or request unless such query or request is accompanied with the required permission and consent from the owner of that Personal Information.
Affinity Cars reserves the right to and may from time to time update this Privacy Notice. Any such revision will be published as an amended version on the Affinity Cars website.
Following this, any change to this Policy will be posted as an updated version and readers are advised to visit and re-read this policy on a regular basis.